In today’s world, it’s common to see same-sex couples getting married. However, just like the union between a man and woman, same-sex couples sometimes decide to divorce, which can be a complicated legal process. Because of this, it’s important to seek the advice of an attorney. However, it’s best to make sure to get advice from an attorney who has experience with same-sex divorces. By doing so, you can be sure you will not be steered down the wrong legal path, which could result in a less than satisfactory outcome for you as well as your spouse.
According to the State of New York, same-sex couples generally follow the same laws as other couples when it comes to divorce. However, couples who have a pre-marital agreement in place can find the divorce process made much easier. This is especially true if the couple moves out of state, since some states still have varying laws regarding the division of property and other assets. Because of this, couples without a pre-marital agreement can find their divorce proceedings become much more complicated than expected. Therefore, it’s vital to consult with an attorney who can draft a pre-marital agreement that takes everything into consideration. For additional details about these agreements, visit Your text to link….
Same-Sex Divorces in New York
While these marriages follow most of the same guidelines as traditional marriages, there are some special circumstances that do arise now and then. To begin with, couples can qualify for divorce proceedings in New York no matter the state in which they were married. However, the couple must be able to prove they have lived in New York State for at least one year. And along with this, the couple must make sure any other legal relationships are terminated at the same time as the divorce. For example, if a couple entered into a civil union or domestic partnership prior to later being married, they are looked upon as having two legal unions in effect at the same time. Therefore, when the couple decides to divorce, they need to ensure any other legal unions that are in effect be dissolved as well. To do so, they need to consult with an experienced and knowledgeable divorce attorney who has worked on similar cases in the past.
Same-Sex Couples and Children
If the divorcing couple has children, there are many factors to consider. Like traditional couples, same-sex couples will be dealing with deciding on custody arrangements, visitation rights, child support payments, and other related issues. Since these situations can have people’s emotions running high, it’s imperative to work with a skilled attorney who can not only navigate the complexities of these issues, but also help their client maintain a level head throughout the process.
Distribution of Property
While deciding issues involving children is extremely complex, deciding on property divisions among same-sex couples can be even more difficult. Since many couples lived together for years prior to being married, they accumulated large amounts of property that they shared. Thus, when they decide to get divorced, trying to determine who gets what can be difficult, since both spouses may feel as if certain properties belong to them. In these cases, much negotiation is usually needed to sort out everything, which requires the services of an attorney with experience in these matters.
Speak With an Attorney
If you are part of a same-sex couple who has decided to divorce, speak with a same-sex divorce lawyer as soon as possible. By doing so, you’ll gain peace of mind, as well as know your legal rights will be protected.