Married gay couples have the same rights as heterosexual couples. However, those in same-sex marriages who choose to divorce may face unique complications surrounding parental and property rights. Please continue reading as we explore the potential challenges same-sex couples can face during a divorce in New York and how an adept Nassau County LGBTQ Family Lawyer can help you navigate your legal options.
How Do I End My Same-Sex Marriage?
First, you should note that the Supreme Court’s 2015 decision in Obergefell v. Hodges established that same-sex couples have a fundamental right to marry under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. This ruling also has various implications for same-sex divorce.
Unfortunately, divorce is never easy. However, the process is much more complicated for same-sex couples who lived together before their marriage was legal. The rules for same-sex divorce are the same as the ones for heterosexual divorces. This means you need to meet the state’s residency requirements and provide a legally accepted reason for the breakdown of the marriage to get a divorce in New York.
What Issues Can Arise During a Same-Sex Divorce?
Many couples utilized domestic partnerships because same-sex marriage wasn’t available yet and then tied the knot once it was available. If this reflects your circumstances, it’s crucial to understand that you may encounter unique legal challenges when it comes to:
- Property division: Generally, property acquired during a marriage is subject to division between spouses. However, if your partnership predates the legalization of your marriage, determining which assets are marital vs. separate property can be more complicated. Without clear documentation, it can be difficult to determine who contributed financially to the acquisition of certain assets, which affects how they are divided. This means those who lived together before their marriage became legal could face an unfair property distribution.
- Financial support: When it comes to determining whether one partner is entitled to financial support from the other after a divorce it can also be more challenging under these circumstances. Gay spouses may receive spousal support under the same rules that apply to heterosexual divorces. If you have lived together for a long period before legal marriage,
- Child custody: The court’s primary consideration in determining custody and visitation rights is what’s in the best interest of the child. Many states assume that a child benefits from maintaining a relationship with both parents. However, it may be more complicated for courts to determine a custody arrangement for same-sex couples. This is because it can be difficult to establish legal parenthood for non-biological and second-parent adoption.
If you are facing a same-sex divorce, it’s in your best interest to contact a determined lawyer from the Law Offices of Eyal Talassazan, P.C. who will fight to protect your rights. Contact our legal team today to schedule your free consultation. We are here to help you in any way we can.
