We Protect Your Interests During LGBTQ+ Divorce In New York
Last updated on December 20, 2024
Ending a marriage is a difficult decision. At Fersch LLC, we understand the challenges LGBTQ+ couples face during divorce. We offer strong legal help to protect your interests.
Our lawyers have over 50 years of combined experience in New York’s Family Court and Supreme Court. We know divorce law and are ready to help the LGBTQ+ community.
How Key Divorce Matters Are Handled In An LGBTQ+ Divorce
In an LGBTQ+ divorce, courts handle key matters like any other divorce. These usually include:
- Property division: Fairly dividing shared property, such as in high-asset divorces
- Spousal support: Deciding if alimony is right and how much
- Child custody and support: Deciding on custody, visitation and child support
- Debt allocation: Deciding how to divide shared debts
While the process is mostly the same, our New York LGBTQ+ divorce attorneys understand the unique aspects of same-sex divorces.
Are There Differences In LGBTQ+ Divorce Proceedings?
The divorce process is generally the same for all couples in New York, no matter their gender. Because of the New York State Marriage Equality Act, same-sex marriages are treated equally. This means they go through the same process when a marriage ends. Things like splitting up property and deciding on support are usually handled in similar ways.
However, LGBTQ+ couples may still have some unique challenges, especially with things that happened before the Act. Our experienced attorneys understand these things and can give you legal guidance tailored to your situation.
Unique Challenges Faced By Same-Sex Couples In Divorce
Same-sex couples may have specific concerns to deal with during a divorce, such as:
- Determining the length of the relationship: It can be tricky to figure out when the relationship officially started, especially for couples who were together before same-sex marriage was legal. This can affect how property is divided and other money matters.
- Property division of pre-marital assets: Sorting out how to divide assets or properties you bought before same-sex marriage was legal can be challenging.
- Parentage and custody issues: It can be complex to deal with legal parentage, adoption and custody. It can be extra complicated for nonbiological parents.
- Potential for discrimination: It’s possible that LGBTQ+ individuals may still face unfair treatment in the legal system.
A New York LGBTQ+ divorce lawyer from our firm, Fersch LLC will talk with you to understand your specific situation and work toward a solution, not conflict.
Reach Out To Our Compassionate Legal Team To Help You Through Divorce
We know that divorce is a hard time for everyone. We’re here to give you caring and understanding legal support, no matter your background. To set up your free consultation, call 646-679-1456 or send us an email. Our team is ready to meet with you.