With the recognition of same-sex marriage in the state of New York, couples have access to all the same legal rights and resources for ending their marriages as heterosexual couples. However, while divorces may present a number of unique considerations for any couple, LGBTQ couples face additional issues during the process that require an experienced same sex divorce attorney. These legal professionals are adept at navigating the specific challenges that may arise, ensuring equitable outcomes for their clients.
Gay and lesbian married couples often have complex estates, which can make the property division process even more difficult than it is for a traditional heterosexual marriage. A knowledgeable NYC divorce lawyer can protect the interests of LGBT clients and ensure that their assets are fairly accounted for and distributed during the process. This is why it's crucial to work with a same sex divorce attorney who understands the nuances of LGBT family law.
In addition to the division of property, same-sex couples must also consider matters such as spousal support and child custody. Because the recognition of same-sex marriage is a relatively new phenomenon, there are few legal precedents to draw upon when addressing these concerns in a divorce case. Our team, including a dedicated same sex divorce attorney, will work to develop tailored legal strategies that align with our client’s goals and help them navigate these complexities.
When it comes to establishing parenting arrangements for children, courts prioritize the best interests of the child — regardless of the parents’ sexual orientation or gender identity. For same-sex couples who share custody, this can mean creating a shared parenting plan that provides each parent with substantial involvement in their children’s lives. Having a same sex divorce attorney with experience in custody arrangements can be invaluable in these situations.
The financial implications of a divorce can be significant, particularly in high-asset cases. LGBTQ couples often possess substantial wealth in the form of real estate, investments, and business assets. These assets may be commingled in separate trusts or complex entity structures, making them difficult to value and divide during a divorce. Our team, including a seasoned same sex divorce attorney, has the experience and knowledge to decipher these assets, establish their worth, and ensure a fair property settlement. These specialized legal skills are essential for navigating the intricacies of same-sex divorce cases effectively.
Since the Marriage Equality Act of 2011 legalized same-sex marriage in New York, thousands of gay and lesbian couples have celebrated their weddings in the state. Unfortunately, as with all relationships, there are times when these marriages end in divorce, and it is important for these individuals to have the services of an experienced same sex divorce attorney by their side. This ensures that they receive knowledgeable guidance tailored to the unique challenges faced by same-sex couples during the divorce process.
Regardless of whether they are in a same-sex marriage or not, New York has laws in place to ensure that all parties are treated fairly in their divorce proceedings. These include the division of property, child custody and visitation, alimony (spousal support), and other important issues that are unique to all marriages. A skilled same sex divorce attorney is essential for navigating these complexities with an understanding of both the legal and emotional nuances involved.
For many LGBT couples, their estate is complex and may include assets in multiple states that are subject to different rules when it comes to marital property. A knowledgeable same sex divorce attorney can help to ensure that all assets are properly assessed and that the final division of these assets is fair to both parties. These skills are crucial for protecting the financial interests of both individuals as they move forward.
One of the most common issues a married couple faces in a divorce is the issue of alimony. A qualified same sex divorce lawyer can help to determine what amount of spousal support should be awarded to the spouse who was not the primary caregiver to any children of the marriage and can explain the different factors that go into determining what this level of support will be. Their experience in similar cases can provide invaluable insight and advocacy.
Child custody and visitation rights can also be complicated issues in a same-sex divorce, depending on the state in which the marriage takes place. A seasoned same sex divorce attorney can assist in the determination of these issues by ensuring that the appropriate facts are presented and demonstrating that the best interests of the child are at the forefront of all decisions. Their specialized knowledge helps ensure that the custody arrangement reflects the family's needs and the children's well-being.
The final area of consideration in a same-sex divorce involves determining how property is to be divided between the spouses. Some states use the concept of community property, while others follow a theory known as equitable distribution. Both of these approaches can be more complex when the marriage is a same-sex one and can lead to additional complexities when it comes to establishing the value of assets obtained prior to the marriage being legally recognized. A same sex divorce attorney with experience in property division can navigate these challenges effectively, ensuring a fair and equitable resolution.
The mission of the LGBTQ+ Law and Policy Unit is to create, support, and sustain affirming and safer spaces, practices, and policies within the Legal Aid Society as well as in New York City and throughout the state. This includes advocacy for broader and more inclusive legislation, coalition building, public education through “Know Your Rights” workshops and other presentations. The Legal Aid Society’s LGBT Law and Policy Unit provides a wide range of legal services for the LGBTQ community and HIV-affected individuals across the State of New York. To learn more about the services that our legal team can provide, contact us today to schedule an initial consultation. We will work diligently to protect your rights and interests through the entire divorce process.
The legal systems in our country have been changing rapidly, especially as it relates to the treatment of members of the LGBT community. While this change is a positive development, it has also created a great deal of uncertainty and confusion for individuals facing the dissolution of a marriage. When a member of the LGBTQ community is involved in divorce proceedings, it is vital that they have an experienced and compassionate same sex divorce attorney on their side who can guide them through the legal intricacies specific to same-sex couples.
Same-sex couples seeking a divorce in New York face many of the same issues as other married couples. This includes dividing assets, child custody and visitation, alimony, and more. However, there are some unique considerations that may impact these matters for same-sex couples, such as the impact of sexual orientation and gender identity on family dynamics. For these reasons, having a same sex divorce attorney who understands these nuances can make a significant difference in the outcome of divorce proceedings.
Parental Rights
Parental rights are a critical component of any divorce case, and they are no less important for same-sex couples. A skilled LGBTQ divorce lawyer can help ensure that non-biological parents are recognized as parentally responsible for a child’s well-being, and that decision-making authority, financial support, and visitation arrangements are properly established. Engaging a same sex divorce attorney can provide the skills needed to navigate these complex issues effectively.
Dividing Assets
Even with a prenuptial agreement, same-sex couples can still experience issues related to division of marital property in the event of a divorce. When dividing assets, it is crucial that all of the marital debts and assets are properly identified, including jointly held properties, retirement accounts, and investment funds. It is also important that the appropriate tax consequences are taken into account. An experienced same sex divorce attorney can help ensure that your best interests are protected when it comes to dividing assets, offering guidance that is sensitive to the unique aspects of your situation.
Another important issue that same-sex couples may need to address is alimony. In general, a court will determine the amount of alimony to be paid based on a number of different factors, such as a spouse’s financial needs, the length of the marriage, and the contributions made by each party to the relationship. A same sex divorce attorney who has experience with LGBTQ families can help ensure that all of these issues are carefully considered when establishing spousal support, advocating for a fair and equitable arrangement.
Ultimately, the most important factor in any divorce is that it provides both parties with a satisfactory resolution to their situation. An experienced same sex divorce attorney can help to achieve this goal, ensuring that all aspects of the divorce process are handled with professionalism and care. This support can be crucial in navigating the complexities of a same-sex divorce, making the journey towards a new beginning as smooth as possible.
Juan Luciano Divorce Lawyer - Manhattan
347 5th Ave #1003, New York, NY 10016, United States
(212) 537-5859