NYC Same-Sex Uncontested Divorce

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Wedding rings cut in half

When the state governor signed the Marriage Equality Act on June 24, 2011, New York joined the growing list of states in the U.S. which have legalized same-sex marriage. It is now possible for gay and lesbian couples to not only transact a civil union but to marry and therefore to enjoy all the rights and obligations of marriage. One of these is the right to divorce. While divorce is normally viewed as a negative thing, as the breakdown of a relationship, it actually provides both parties with powerful legal protections that they would not otherwise enjoy.

When an unmarried couple decides to part ways, it is common for either or both of the partners to suffer some form of injustice in the division of assets and debts, particularly if they have been living together for a significant period of time. For example, they may have purchased a home or a car together, or perhaps one party has made significant contributions as a homemaker or has provided support while the other was building a career. In a simple breakup, neither party has a legal right to claim compensation for such contributions, and the shared assets or debts will typically remain with the person whose name is on the title or the loan.

Is there anything different about a same-sex divorce?

Now that same-sex couples can divorce, you do not have to worry about these problems. Anything that you acquired during the course of your marriage will be subject to equitable distribution in the division of property. Similarly, either party may claim spousal maintenance. One issue which is still a challenge for many same-sex couples who are in the process of a divorce is the question of child custody. In some families, one spouse is the biological parent to a child who has been raised by both parents. The other spouse, however, may not have legally adopted the child. In such cases it is often wise to involve the services of an attorney in negotiating a workable parenting plan which provides both parents with shared custody or which establishes rights of visitation and an obligation to pay child support. Contact H. Benjamin Perez & Associates, P.C. now for a Free Case Evaluation to learn more about how we can assist. Searching for a lawyer for your divorce in New York City? You need to retain the help of the most experienced divorce attorney in New York City. Our New York City uncontested divorce lawyers understand the unique considerations involved in a same-sex divorce, and we are ready to begin working on your case immediately.