Some states have chosen to make marriage between two partners of the same sex legal. This is the case in New York. New Yorkers have been free to create a same sex marriage since July 2011. Any gay marriage has the same legal rights and obligations that a heterosexual marriage has under law. These rights also apply to any decision to break up the marriage and get a divorce. While such laws are the same, any same sex marriage may have specific issues that pertain solely to that divorce. For example, one party may have had a biological child via the use of donor sperm. The other party may have adopted the child. The other party may not have had chosen to adopt that child. At the same time, they may have formed important bonds with that child and been part of their ultimate upbringing. Even after the divorce, the other party may wish to keep in touch with that child and participate in bringing them up. This is one of many reasons why any same sex couple needs to make sure they have legal counsel in the event of a divorce. Working with Queens same sex divorce lawyers has many advantages.
Setting Up Basic Terms
A same sex divorce lawyer can be present from the very start of the divorce process. They’ll help by looking closely at both parties finances. One partner may have made fiscal sacrifices on behalf of the other partner. For example, they may have been the primary means of support while the other partner went to law or medical school. A divorce lawyer can point this out and make sure the other party is given the credit they are entitled to under all applicable laws. The lawyers can also help by working closely with the court system in order to make sure any legal orders are applied as the divorce continues. For example, one party may have chosen to move out of the couple’s residence as part of a decision to separate. The other party can be required to offer temporary support during this time and help them make sure that all necessary bills are paid out of the couple’s personal funds.
Child Related Issues
Like other couples, a same sex relationship often involves children. One partner may have one or more children from a prior relationship or from a heterosexual marriage. This child may want to remain with the other partner even if there’s a divorce. The same is true of any children who are conceived as part of the marriage. One partner may have gone to a sperm bank and had a baby. The baby may have been raised for many years by both parties during the course of the marriage. New York state laws recognize that children form bonds with those who may not be related to them biologically. State officials want to make sure that a child’s interests are protected even if there’s a divorce. A skilled and experienced lawyer can help the couple work out the best solution for their children’s interests. Such legal agreements can be complicated by multiple factors. This includes any decision to adopt. It also includes the rights of a partner who may have contributed gametes and wishes to remain part of that child’s life even if the parties in question are no longer together. All of these factors can make any same sex divorce a bit more complicated than a divorce between two heterosexual partners. This is why it is imperative to have the best possible legal counsel during this process.
Creating a Working Agreement
A working agreement during the divorce process is the ideal way to address all such issues as successfully as possible. The lawyers can help both parties decide what is in their best interests as well as what is in the interests of their children. In doing so, they can help them both work through any issues that may have arisen during the course of the marriage. The lawyers can also help by creating a working agreement that applies in other states as well. For example, states that do not allow same sex marriages may allow gay people to adopt. A lawyer can make sure any such agreements between the two parties can be enforced even if one party wishes to live in another state. A thoughtful agreement from a skilled lawyer can help both parties move on from the same sex divorce with ease.