Divorce is never an easy decision, but it’s made more difficult when the marriage is a same-sex marriage. It’s not been legal long enough to have set-in-stone laws, and that means many couples involved in same-sex marriages in Queens find the process a bit more confusing than a traditional divorce. It’s been since June 2015 that same-sex marriage was legalized in the United States, and the laws are still being created and processed by those who make them.
The concept of same-sex divorce is similar to that of a traditional divorce, but there are still many gray areas involved in this type of marriage. Most of these laws have to do with the child-rearing aspect. Since it’s not possible for two people of the same sex to procreate, children involved in same-sex marriages are typically only the biological child of one partner. The other spouse either adopts the child legally or just stands in as a parent in every manner that counts.
Same-Sex Divorce in Queens
The good news about divorcing your same-sex spouse in Queens is you can divorce for the same reasons as anyone else. You are given the right to end your marriage for the following reasons.
– Your spouse abandoned you more than a year ago
– Your spouse is in jail for more than three years
– Your spouse is cruel or treats you with inhuman behavior
– Your spouse cheated
– Your spouse moved out of your home due to separation more than one year ago
– You and your spouse are facing irreconcilable differences
The process works the same way in most instances. You file your divorce petition and ask for what you want, which might include the division of your assets and liabilities, alimony, child support, and child custody, and more. If your spouse responds in agreement, you can go through with your divorce relatively simply.
It’s when your spouse contests the divorce decree you face problems. Same-sex law might differ a bit in certain areas, and that means your spouse can argue different points. It is at this time having an attorney who is familiar with same-sex marriage and divorce on your side benefits you significantly.
Hire an Attorney to Protect Your Rights
Whether you have children or not, you should hire an attorney to work with you through the divorce process to ensure you are getting the best possible representation. Legal terms are often created that make it seem you are getting a fair shot when you are not, assets could be hidden, and your spouse might not be entirely honest in court.
If you do have kids and they do not legally or biologically belong to you, an attorney can fight for you. You want to have access to your kids, and an attorney can help you make this possible. It’s not fair for any parent to keep their kids from a loving parent who provides a stable and loving environment, but divorce can bring out a very ugly side of people you might not expect. Let an attorney help you fight for custody of your child in a same-sex marriage. It’s not as easy as it is in a traditional marriage, and that makes your job even more difficult if you try to navigate on your own.
There are many laws regarding child custody and divorce in Queens, but an attorney who has experience with same-sex marriages and divorce can help you fight for your rights and your future. Call an attorney to help you navigate the complicated issue of same-sex divorce.