Choosing to end a marriage can be difficult, but it can also give you space to breathe and rebuild after months or sometimes years of conflict. From child custody to asset division to spousal support, you and your soon-to-be-ex-spouse may have many issues to work through during the divorce. Because these decisions can have long-lasting implications, you should collaborate with a Syracuse LGBTQ divorce lawyer.
At the Colwell Law Group, LLC, we understand the trials and tribulations same-sex couples and gender-non-conforming people face as they seek to end their marriages. We provide compassionate and pointed advocacy to help our clients feel supported and understood as they work out legal issues during the divorce process. Our experienced divorce attorneys welcome the opportunity to get to know you and learn how we could best support you through this transition.
LGBTQ couples in Syracuse looking to end their marriage can do so based on fault or no-fault reasons. Under New York Domestic Relations Law § 170, couples can ask for a divorce because of specific issues such as infidelity, cruel or inhumane treatment, post-marital imprisonment of a spouse, or an irretrievable breakdown of the marital relationship. Likewise, if the spouses lived apart for a year or more based on a separation agreement, this may qualify them to dissolve their marriage.
Each of these reasons (or legal grounds) for divorce has different requirements people must meet. For example, to sever ties based on imprisonment, a spouse must have gone to prison for at least three consecutive years. Moreover, to assert an irretrievable breakdown of the marriage as the basis for the divorce, the relationship must have broken down for at least six months.
Syracuse attorneys could assist LGBTQ couples by offering guidance on what grounds they should choose to divorce. Our attorneys could help gather the necessary evidence to support their divorce petition and develop an appropriate custody or property settlement proposal.
To get a divorce, a petitioner must be in a valid marriage and a resident of New York. The state Marriage Equality Act and the federal Respect for Marriage Act offers protections for those in same-sex marriages. Under these laws, valid same-sex marriages are honored everywhere in the United States.
New York Domestic Relations Law § 230 also enforces a residency requirement for all divorces. One way to meet this criterion is for the marriage to have occurred in New York and, at the time of filing, for one or both spouses to have continuously resided in the state for at least one year. Additionally, if either spouse has lived in the state for at least two years before filing to dissolve their marriage, they meet the residency requirements.
During a divorce, people may be dealing with many moving parts at once, such as work, children, interpersonal conflicts, and navigating an unfamiliar courtroom process. To combat this, people may find it helpful to work with a knowledgeable divorce lawyer who understands the unique issues facing the LGBTQ community in Syracuse.
Going through the legal procedure of ending your marriage can be an emotionally charged and trying time in your life. You may be faced with many issues simultaneously, such as who gets what in the separation and how to manage co-parenting children in this new context. Consider alleviating some of your stress and anxiety by connecting with a seasoned attorney.
Our reputable law firm provides unparalleled support and advocacy for those in the LGBTQ community. We could help you confidently move through the legal process of ending your marriage in a way that safeguards your rights. Contact a Syracuse LGBTQ divorce lawyer to schedule a consultation.
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