Call for Your Comprehensive Consultation
Comprehensive consultation with a senior attorney
Many gay and lesbian couples celebrated when, on July 24, 2011, New York State became the sixth state in the union to recognize same-sex marriages when the Marriage Equality Act was passed.
The rest of the country followed, granting same-sex couples the same legal rights as heterosexual married couples when it came to marriage. These also gave them the same legal rights to dissolve their marriage as their heterosexual counterparts. The same-sex divorce process in New York can be challenging, especially in cases involving a contested divorce, where disputes over issues like asset division, custody, or support may arise.
Divorce is always difficult for everyone involved. As your family goes through one of the most emotionally challenging times of your lives, your divorce lawyer is not only your legal advocate but becomes a friend, a confidante, and a shoulder to lean on. For over 15 years, Manhattan same-sex divorce lawyer Juan Luciano, Esq. has been that for his clients. Call Juan Luciano Divorce Lawyer now at (212) 537-5859.
Compassionate Divorce Counsel When It Matters Most
Y. Lewis
Anthony Campbell
Wiktor Dynarski
Tell Us About Your Situation
Divorce can be challenging, and with the unique considerations of same-sex divorce under New York law, finding a knowledgeable Manhattan same-sex divorce lawyer is essential for navigating the process effectively. Whether a marriage lasted a few years or several decades, dissolving it involves addressing issues like division of assets, alimony, and potentially, child custody. In New York, same-sex couples have equal rights in divorce proceedings, but certain circumstances may require particular attention. For example, if a couple entered a civil union or domestic partnership in another state before marriage equality was established, this history might impact the divorce process.
Child custody issues can be especially sensitive in same-sex divorces. New York courts focus on the child’s best interests, so each parent’s legal relationship with the child and prior custody arrangements are carefully reviewed. In cases where only one spouse is the legal parent, additional steps may be needed to protect parental rights.
Asset division is another key aspect, particularly when considering jointly held property, investments, and retirement accounts. Under New York’s equitable distribution system, assets are divided in a way that is fair, though not necessarily equal, taking multiple factors into account. Same-sex couples may also face unique challenges if certain assets were acquired prior to federal marriage recognition.
Seeking guidance from a legal professional familiar with Manhattan’s family courts can help make the process smoother, allowing for informed decisions and equitable outcomes. With a focus on respect and care, a Manhattan same-sex divorce lawyer can offer the support needed during this significant transition.
Takes Your Case to Heart—And Tells You the Truth
Sue Ramirez
M. Traore
Teresa Webb
Schedule Your Strategic Planning Session
If you and your partner were legally married, New York State family law dictates that you can also legally seek a contested or uncontested divorce. Divorces involving same-sex couples are treated in the same way as heterosexual couples under New York law.
Like any other divorcing couple, a same-sex couple will experience the same emotional turmoil and legal concerns as anyone else. Divorcing same-sex couples will have the same issues surrounding:
Like any other divorcing couple, same-sex couples share common concerns, yet the situations can be more challenging, particularly in contested cases that go to court. These nuances may arise from unique legal and logistical issues, such as determining parental rights, dividing assets acquired before marriage, or establishing spousal support for relationships that predate marriage equality.
| Financial Aspect | Description | Considerations |
|---|---|---|
| Division of Assets and Debts | All property and debts acquired during the marriage must be divided equitably, regardless of whose name is on them. | Ensures fair distribution, but non-marital debts (incurred for non-marital purposes) are excluded from division. |
| Spousal Support | One partner may be required to pay spousal support or maintenance to the other, similar to heterosexual divorces. | Amount and duration of support depend on factors like marriage length, income disparity, and financial needs. |
| Pensions and Retirement Accounts | Division of pensions, 401(k)s, and similar retirement assets can be complex in same-sex divorces. | May require legal assistance to ensure fair division and compliance with federal and state laws on retirement benefits. |
For most couples, the ideal situation is an uncontested divorce where both parties can come to an agreement through mediation or negotiation to avoid the court system.
Unfortunately, any disagreements in property division, custody, or support will result in a contested divorce which will require the court to make decisions concerning these matters. This can make the divorce more expensive and take more time to resolve. It can also make matters more complicated in the case of some financial and custody issues.
A Trusted Guide Through a Complex Process
Z. Pittman
Z Rosario
Laika Alex
Share Your Story with Someone Who Listens
Under New York law, in the case of a divorce, marital assets, property, and debts are divided through equitable distribution. Marital assets are those acquired during the marriage. Under our equitable distribution laws, these assets are apportioned by the court considering many things, including the length of the marriage.
Because of the relatively recent recognition of these unions under the Marriage Equality Act, many same-sex couples come to marriage later in life after they have acquired individual assets in their own names prior to the marriage, even though the couple may have been together for many years.
Consequently, the division of property in a same-sex divorce can be a particular issue. The accrual of separate property and assets may complicate what is considered marital property and the property’s valuation and distribution unless it was addressed prior to the marriage. Without a prenuptial or postnuptial agreement, many couples have difficulty resolving financial disputes in a divorce.
Unfortunately, our federal laws don’t afford the same tax protections to gay and lesbian couples as heterosexual married couples have. It is critical to get a skilled divorce lawyer’s assistance for the best tax arrangements under the circumstances. Contact us at (212) 537-5859.
Always Informed. Always Heard.
Jack Morrisson
J. Reyes
James Harris
Call for Experienced Family Law Guidance
Financial issues, when it comes to same-sex divorces, may be a bit more complicated than heterosexual divorces. In the case of division of pensions, 401(k)s, and federal tax issues, a same-sex couple may find that they are subject to issues that heterosexual couples are not. An experienced New York same-sex divorce attorney can help you navigate these unique financial issues.
As is the case in a heterosexual couple’s divorce, one partner may be called upon to pay spousal support and maintenance to the other. However, there are some financial pitfalls surrounding spousal support and property division that may be difficult to navigate in the case of a same-sex divorce. An experienced same-sex divorce lawyer will be able to help you navigate these financial concerns.
Any acquired property or debt incurred during the marriage must be divided equitably under the law, regardless of whose name is on it. If one partner has incurred debts for non-marital purposes, they will not be part of that division.
The same laws apply to gay and lesbian couples as heterosexual couples when it comes to custody and visitation. However, the same issues exist as those surrounding marital property. For families that formed, and children who were adopted prior to the legalization of gay marriage, partners who are seeking custodial rights of children who were adopted by the other partner may face obstacles.
Getting custody of a child can be difficult for anyone who is not a biological parent or the adoptive parent. Partners seeking custodial rights in this landscape face a court system that is still trying to work out the rights of the non-adoptive parent in same-sex marriages. These have been further complicated by cases with unfortunate conclusions. It is essential to get the advice and guidance of a family lawyer who understands the challenges of child custody and support as they particularly apply to gay marriage. Call today at (212) 537-5859.
Learn More
The most expensive divorce expense for the vast majority of those who need legal assistance is attorneys’ fees. Nearly 8 out of 10 New Yorkers had their divorces handled by legal counsel. The vast majority (83%) of these readers hired what is known as a full-scope attorney, which means that the lawyer was involved in every aspect of the case from beginning to end.
Divorce lawyers nearly always charge per hour so your attorney’s hourly rate is the first block in your overall costs. In New York, the average minimum hourly rate was $305, and the maximum hourly rate was $380.
These rates are significantly higher than those in the Midwest and South, and they also exceed the average national rates for family attorneys. Hourly rates in New York were some of the highest in the country. You may discover that the rates for family lawyers are lower than the average if you reside in small towns, especially in the western part of the state.
The hourly rate they charge depends on their experience and location and can increase with experience and years of practice. But, this doesn’t always translate to a higher total bill. Depending on your particular case, an experienced attorney might be able to solve problems in less time than a new lawyer.
A Trusted Guide Through a Complex Process
Z. Pittman
Z Rosario
Laika Alex
Despite the state and federal legalization of same-sex marriages, you may still face unique challenges and limitations in the face of a divorce or custody battle. It is critical to have the guidance of a Manhattan same-sex divorce lawyer who is experienced and knowledgeable regarding same-sex divorces and their limitations.
With over 15 years of family law experience in the state of New York, we offer compassionate understanding coupled with aggressive strategies for those navigating same-sex divorce. At the law offices of Juan Luciano Divorce Lawyer, we strive to guide our clients through the emotional waters of divorce to ensure their family’s best interests so they can go forward.
If you are considering a same-sex divorce in New York, call us at (212) 537-5859 to schedule a confidential consultation.
Get the Support You Deserve
Your voice leads the conversation
