How Does Online Divorce Mediation Work in New York?
Online divorce mediation allows two spouses to meet with a neutral mediator over secure video conferencing to settle property division, support, and parenting terms without sitting in the same room. Sessions run on encrypted platforms, financial documents move through protected portals, and the mediator drafts a settlement agreement you can review digitally before anything is […]
Is Financial Disclosure Required in New York Divorce Mediation?
Yes. Financial disclosure is required in New York divorce mediation, even though mediation is private and less formal than a courtroom case. Although a mediator cannot compel disclosure as a judge can, New York law and mediator ethics still expect both spouses to exchange sworn financial statements before any settlement becomes final. Any agreement you […]
How Does Divorce Affect LGBTQ+ Couples’ Retirement and Survivor Benefits?
New York applies the same equitable distribution rules to same-sex and different-sex marriages. The marital portion of retirement benefits can be divided in divorce, while Social Security divorced spouse benefits use a 10-year duration rule. For some same-sex couples, the SSA can count certain civil unions, domestic partnerships, or other qualifying legal relationships toward that […]
Common LGBTQ+ Divorce Questions in the Bronx, New York
Same-sex divorce in New York is governed by the same statutes as any other divorce, but some LGBTQ+ couples face additional issues. These issues often involve the legal marriage date, premarital assets, prior civil unions or domestic partnerships, and non-biological parentage which can affect property classification, maintenance, custody, and the proof needed to establish parental […]
Spousal Support Duration for Same-Sex Couples: Marriage vs Relationship Length
In New York, post-divorce maintenance duration may be guided by an advisory schedule based on the length of the legal marriage, measured from the date of the marriage to the date the divorce action begins. For some same-sex couples, that measurement may not reflect a much longer period of living together before marriage was legally […]
Legal Recognition of Same-Sex Marriage From Other States
If your same-sex marriage was legally valid in the state where it was performed, New York recognizes it as valid. The Supreme Court’s 2015 decision in Obergefell v. Hodges requires states to license same-sex marriages and recognize same-sex marriages lawfully performed elsewhere. The federal Respect for Marriage Act also requires recognition of marriages valid where […]
Premarital Cohabitation and Property Division for Same-Sex Couples in New York
New York courts generally treat property acquired before marriage as separate property, meaning it stays with the spouse who acquired it. For same-sex couples, however, this default rule creates a serious problem. Many same-sex partners lived together for years, sometimes decades, before marriage was legally available to them, building a shared financial life without the […]