New York City LGBTQ+ Divorce Lawyers

One of the Largest Firms to Help You with Your Divorce & PRENUPTIALS with 3 Different Legal Processes

At Berkman Bottger Newman & Schein, we practice solely in the family law space and uniquely specialize in all 3 legal processes for resolving divorce – mediation, collaborative law, and litigation. 

We have 4 different locations for convenient accessibility for our clients, and we are one of the largest firms in the Manhattan area to handle your matrimonial matters. Whether you seek legal counsel for the same-sex divorce attorney in Manhattan or drafting a prenuptial for your same-sex marriage, our firm can help you.

Contact Berkman Bottger Newman & Schein online or at (212) 466-6015 to discuss your legal options today.

Can you File For Same-Sex Divorce in New York?

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 2 years prior to filing;
• Either spouse has been living in the state continuously for at least 1 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.

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

Note that as with any divorce, 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 take a look at your specific divorce 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 practice in 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 negotiation of their disputes in mediation or collaborative law, and if it doesn’t work out we can settle the matters in litigation.

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. 

Call Berkman Bottger Newman & Schein at (212) 466-6015 or contact us online to get started.