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N/aIn 2011, the passage of the Marriage Equality Act gave same-sex partners the legal right to marry in New York. Same-sex spouses now have the rights and responsibilities of any married couple, including the right to divorce. If this action is needed, a seasoned divorce attorney could provide guidance.
If you are facing a divorce, you may have concerns about your residence, finances, and what type of custodial arrangement is best for your children. You may also have questions about custody if parentage was not legally established for both you and your spouse before or during your marriage. A Saratoga Springs same-sex divorce lawyer could discuss the requirements for obtaining a divorce, spousal support, child custody, and the division of assets.
Under New York Domestic Relations Law § 230, there are a couple of ways a spouse may be eligible to file for a divorce in Saratoga Springs, such as:
A local same-sex divorce attorney could determine whether the spouse may initiate a divorce proceeding in the state and explain how to file.
To initiate a divorce, a legally acceptable reason for the divorce, must be established, under N.Y. Dom. Rel. Law § 170. Possible grounds for divorce include:
A Saratoga Springs lawyer could determine if one of the listed grounds for divorce applies to a same-sex union and file the necessary documents to initiate the divorce.
Because gay marriage has been legal in New York for a relatively short period, many same-sex couples have been in committed relationships for years before their wedding. They may have resided together prior to marriage, purchased property, and combined income and assets in that time. A same-sex divorce lawyer in the area could help sort out the differences between marital property and separate property, and develop a strategy to equitably divide any bank accounts or other assets that may have been blended by the spouses, both before and after their marriage.
If the couple has children, it is critical to understand each spouse’s legal rights regarding custody and child support. Those rights may vary depending on how the child was brought into the relationship and whether both spouses have been established as the child’s legal parents.
In New York, if one spouse gives birth to a child, the other spouse is automatically deemed the legal parent. This can get more complicated if two men acquire a child through surrogacy or adoption, or if one spouse adopts the child during the marriage but the partner does not join in the adoption. The advice of a legal professional with experiencing handling same-sex divorces may be invaluable in determining each party’s role in the child’s life after their divorce is granted in Saratoga Springs.
There are several unique challenges you may face as a same-sex couple in the event that your marriage ends. Whether it is a child custody dispute or a complex property division, a Saratoga Springs same-sex divorce lawyer could help you navigate your domestic differences. Place a call today to schedule a consultation.
Seek the help of our experienced legal team today to go over your case and discuss how we can help
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