Same Sex Divorce & Prenuptial Agreements

Whether you seek legal counsel for the same-sex divorce process or drafting a prenuptial for your same-sex marriage, our firm can help you.

Schedule a consultation

Same-Sex Divorce and Prenuptials in Manhattan

One of the Largest Firms to Help You with Your Gay Divorce 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 process 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.

Same-Sex Divorce

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; or
  • 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 gay 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:

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.

Same-Sex Prenuptial Agreements

Like any couple looking to marry, gay 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; and
  • 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.

INDUSTRY THOUGHT LEADERS
 DEDICATED TO YOUR SUCCEss

DEDICATED MATRIMONIAL & DIVORCE ATTORNEYS PROTECTING OUR CLIENTS’ RIGHTS, ASSETS, & FAMILY

  • CREATIVE SOLUTIONS TO DIFFICULT & COMPLEX PROBLEMS

    All families and marriages are unique - our attorneys take the time to listen to our clients to fully understand the circumstances of their case. Only then do we advise the best legal option for their goals.

  • PROMPT RESPONSES TO INDIVIDUAL NEEDS AND INQUIRES

    Divorce is a time of transition. We understand the emotional and financial stress that clients experience during the divorce process – from day one our team ensures that we provide our clients with prompt feedback so that they are updated on their case every step of the way.

  • CHOICES AND OPTIONS TAILORED TO EACH CASE

    We are one of the only Manhattan divorce law firms offering all three options for divorce: litigation/negotiation, collaborative law, and mediation - providing custom strategies and solutions for our clients.

  • INDUSTRY THOUGHT LEADERS DEDICATED TO YOUR SUCCESS

    Our attorneys provide frequent expert legal commentary for national media outlets and have been quoted in numerous publications including Fox's Business, NBC News, ABC News, CBS News and many more.

We Can Help

If you have legal questions about gay divorce or prenuptials in Manhattan, contact our firm for professional guidance. We are proud allies of the LGBTQ+ community and can help you and your partner navigate the legal process of divorce or in anticipation of marriage. You have the same rights to marriage and divorce as a heterosexual couple, and we can handle the legal side for you on any of your matrimonial matters.

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

READY TO DISCUSS YOUR OPTIONS?

Call 212-466-6015 or fill out the form below to get started. 

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.