Long Island Same-Sex Divorce Lawyers
St. James NY LGBTQ attorney advises on ending a marriage
In New York, same-sex marriage has been legal since 2011. In little more than a decade, the rates of same-sex divorces are becoming consistent with those for heterosexual couples Though the legal process to dissolve a same-sex union is essentially the same, there are some issues that require special attention. An experienced Long Island same-sex divorce lawyers at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James can make sure your property, support and parenting rights are protected.
How does a gay or lesbian divorce in New York differ?
In most ways, divorce is divorce. Same-sex couples must resolve the four major issues: alimony, child custody, child support and division of property. However, a gay or lesbian couple may encounter certain unique challenges involving children and property.
Grounds for dissolving a Long Island same-sex marriage
Petitioners for divorce in New York have the option to cite traditional grounds. These include adultery, cruel and inhuman treatment, abandonment of one spouse for a year and imprisonment of one spouse for three years. However, most New York divorces are filed on no-fault grounds. One such ground is asserting an irretrievable breakdown in the marital relationship for at least six months. Another is living apart under a legal separation agreement for at least one year.
Division of assets in New York
New York uses the rule of equitable distribution for division of assets and debts in divorce. Each spouse receives a fair but not necessarily equal portion of the marital estate. However, property the spouses owned before marriage is considered separate and as such exempt from distribution. With same-sex unions, the right of marriage had been withheld for so long that many couples married later in life, after either or both had acquired substantial assets. Much of the couple’s property, including the family home, may be titled individually but used for common purposes. This can lead to contention over whether the property has been commingled, which would make it subject to equitable distribution.
Spousal maintenance for same-sex divorce
Maintenance, formally known in New York as alimony, is gender neutral. In a same-sex divorce, a spouse who is partially or wholly dependent on the other spouse can petition for maintenance. The amount and duration of maintenance depend on numerous factors, such as the length of the marriage, the ability of the supported spouse to become self-sufficient and the ability of the other spouse to pay.
Contact an experienced Long Island attorney for same-sex divorce
Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, NY represents spouses in same-sex divorces across Long Island. Call 631-360-0400 or contact us online to schedule a consultation.