LGBTQ+ Divorce Lawyers in NYC

Filing for Same-Sex Divorce in New York City

In 2011, New York legalized same-sex marriage and has since provided same-sex couples with the same rights to marriage and divorce as heterosexual couples. 

Note that any couple filing for divorce must meet the residency requirement: 

• Either spouse must have lived in the state for at least two years prior to filing;
• Either spouse has been living in the state continuously for at least one year before the divorce is started and the couple got married in New York, lived in New York as a married couple, or the grounds for the divorce happened in New York;
• Both spouses are residents of the state on the day the divorce begins and the grounds for the divorce happened in New York.

It's crucial to recognize the implications of these residency requirements, particularly for same-sex couples who might divide their time between several states. Understanding your legal standing within New York ensures a smoother legal process. Consultation with a knowledgeable attorney can help you determine the most strategic approach based on your individual circumstances.

Some examples of grounds for same-sex divorce include irretrievable breakdown of the marriage, cruel and inhumane treatment, abandonment, imprisonment, adultery.

Important disputes that divorce will need to negotiate include:

• Child custody
• Child support
• Property division
• Spousal support

All the above divorce issues are governed by the same laws for heterosexual couples. Our attorneys can examine your specific case and help you and your spouse reach a favorable agreement on the relevant matters, such as for any adopted children between you and your spouse and how you might negotiate your asset and debt division.

Our firm also focuses on all 3 processes for obtaining divorce – mediation, collaborative law, and litigation – so clients can feel confident that they have a wealth of options to settle their divorce needs. In partnerships that are still amicable, we can guide same-sex couples through the negotiation of their disputes in mediation or collaborative law, and if it doesn’t work out, we can settle the matters in litigation.

We understand that the financial intricacies of divorce can be daunting. That's why Berkman Bottger Newman & Schein diligently works to ensure that all financial aspects are thoroughly addressed and aligned with New York City regulations. We strive to protect what matters most to you, providing you with peace of mind as you transition to the next phase of your life.

How do Same-Sex Prenupital Agreements Work?

Like any couple looking to marry, same-sex couples may seek security for their marriage in the form of a prenuptial agreement. Prenups are legally binding agreements that can help resolve issues that would otherwise be decided by a judge in the case of a divorce. 

For example, a prenuptial might address:

• Each spouse's right to property;
• The distribution of assets and debts during marriage or in the event of death or divorce;
• Each spouse's right to buy, lease, sell, transfer, or otherwise control property;
• Each spouse's rights in and management of a family business;
• Each spouse's right to alimony;
• Each spouse's entitlement to death benefits from the other's life insurance policy;
• The state law which governs the agreement;
• Any other issue the couple wants to address.

Be aware that a prenuptial cannot decide things like child custody and child support, as these decisions depend on the child’s best interests and so cannot be determined before the child even comes into the picture. 

Common LGBTQ+ Divorce Issues in New York

Legal Recognition and Documentation

One of the primary issues for LGBTQ+ couples seeking divorce in New York is ensuring that their marriage is legally recognized. New York legalized same-sex marriage in 2011, which provides legal protection for LGBTQ+ couples who marry within the state. However, complications may arise if the marriage took place in a different state or country where LGBTQ+ marriage wasn't recognized at the time. In such cases, it's crucial to consult with an attorney to determine the status of the marriage and its legal recognition in New York.

For some LGBTQ+ couples, especially those who entered into domestic partnerships or civil unions before same-sex marriage became legal, the dissolution process may be more complex. These legal relationships may not be automatically converted into marriages, and couples may need to navigate the legal framework surrounding these partnerships during the divorce.

Child Custody and Support

Child custody and support issues are common in LGBTQ+ divorces, especially if the couple has children together. New York courts prioritize the best interests of the child when determining custody arrangements, regardless of the parents' sexual orientation or gender identity. However, custody disputes can become emotionally charged and complex, requiring careful consideration of factors such as:

• Each parent's involvement and bond with the child
• The child's age, preferences, and needs
• The parents' ability to provide a stable and nurturing environment
• Any history of abuse or neglect
• Co-parenting plans and schedules

Child support is another crucial issue to address. The court calculates child support based on the Child Support Standards Act (CSSA) guidelines, which consider both parents' incomes and the number of children involved. LGBTQ+ parents should be aware of their rights and responsibilities regarding child support, as it applies equally to all parents, regardless of their sexual orientation or gender identity.

Property Division

Property division in a divorce can be contentious and complicated for LGBTQ+ couples, just as it can be for heterosexual couples. New York follows the equitable distribution model, which means that marital property is divided fairly but not necessarily equally. Marital property includes assets acquired during the marriage, while separate property typically includes assets brought into the marriage or received through inheritance or gift.

Many LGBTQ+ couples have been domestic partners for years or decades prior to the legalization of same-sex marriages, which can make property division much more complex. Equitable distribution doesn't always mean a 50-50 split, and LGBTQ+ individuals should work closely with an attorney to ensure their rights and interests are protected.

Alimony/Spousal Support

Alimony, or spousal support, may be a consideration in LGBTQ+ divorces when one spouse was financially dependent on the other during the marriage. The court will evaluate factors such as the length of the marriage, the financial situation of each party, and the standard of living established during the marriage when determining whether spousal support is appropriate. The court's decision aims to help the financially dependent spouse maintain a similar standard of living after the divorce. LGBTQ+ individuals should be aware of their rights and consult with an attorney regarding spousal support issues.

Name Change and Gender Marker Change

For transgender individuals, changing one's name and gender marker on identification documents is a crucial aspect of the divorce process. In New York, the process of legally changing your name and gender marker has been streamlined in recent years, but it can still be legally complex and time-consuming. During a divorce, some individuals may decide to revert to their pre-transition name or make other legal identity changes. It's essential to consult with an attorney who understands the intricacies of name and gender marker changes in New York and can guide you through the process.

Societal Stigma and Discrimination

Despite New York's reputation as an LGBTQ+-friendly state, LGBTQ+ individuals can still face stigma and discrimination, which may affect the divorce process. While the legal system aims to be impartial, biases and prejudices can sometimes surface in courtrooms, mediation sessions, or interactions with opposing parties. It's essential to work with an attorney who is not only well-versed in family law but also sensitive to LGBTQ+ issues and can advocate effectively on your behalf, ensuring that you are treated fairly and respectfully throughout the divorce proceedings.

LGBT-Friendly Attorneys

Working with a knowledgeable and LGBTQ+-friendly family law attorney is crucial during an LGBTQ+ divorce. An attorney who understands the unique challenges and issues faced by LGBTQ+ individuals can provide more effective representation and ensure that your rights are protected.

At Berkman Bottger Newman & Schein, we are dedicated to providing compassionate and expert legal support for all individuals, including those within the LGBTQ+ community, navigating the complexities of divorce in New York City. Our team understands the unique challenges that LGBTQ+ couples may encounter during this process and is committed to ensuring that your rights and interests are protected.

We work tirelessly to help you achieve a fair and equitable resolution, addressing issues such as property division, child custody, and spousal support. With a deep understanding of New York's legal landscape and a commitment to promoting inclusivity and respect, we stand by your side every step of the way. Our goal is to make your divorce as smooth and stress-free as possible, so you can move forward with confidence and a renewed sense of security.

Understanding Financial Complexities in LGBTQ+ Divorces

Same-sex divorces can present unique financial challenges that require careful consideration and strategic planning. In New York City, the equitable distribution law dictates that marital property must be divided fairly, but not necessarily equally. For LGBTQ+ couples, particularly those who may have cohabited prior to marriage, delineating marital and pre-marital assets requires thorough documentation and negotiation. At Berkman Bottger Newman & Schein, we assist clients in identifying assets accumulated during cohabitation that should be considered in the division process, ensuring equitable financial outcomes.

Additionally, issues such as property ownership, joint investments, and retirement savings can be complex, especially for couples who have been together long before same-sex marriage was legalized. Our legal team excels at unraveling these complexities, providing clear, actionable advice that aligns with clients' long-term financial goals. We work closely with financial experts when necessary to assess asset value accurately and to forecast financial implications of various settlement scenarios.

Protecting Parental Rights in New York City

Custody battles can be particularly strenuous in same-sex divorces. In New York City, the legal system prioritizes the best interests of the child, considering factors such as each parent's relationship with the child, their ability to provide stability, and any special needs the child may have. For same-sex parents whose legal relationships with their children may not be as straightforward, establishing and protecting parental rights can involve additional layers of legal work.

At Berkman Bottger Newman & Schein, we are well-versed in navigating these complexities, ensuring that non-biological parents who have been active in a child's life have their rights recognized and upheld. Our approach includes gathering detailed evidence of parental involvement and refuting any claims that attempt to marginalize a non-biological parent's role. We offer a steady hand throughout this emotionally charged process, advocating vigorously to secure parenting arrangements that reflect and support the child's welfare.

To speak with our experienced NYC LGBTQ+ divorce lawyers, call us at (212) 466-6015 or contact us online today.