Same-Sex Divorce In New York

Long Island Divorce Lawyers with 55+ Years’ Experience

Under the Marriage Equality Act, same-sex couples have had the same right to get married as heterosexual couples since 2011 in New York. Similarly, they have the same rights to get divorced as any other couple does. Given the recent nature of the laws protecting LGBT New Yorkers, there still may be complexities that need to be addressed. If you are dissolving a domestic partnership or seeking a divorce, the services of a lawyer may prove to be enormously helpful in your situation.

Our team of Long Island LGBT divorce lawyers at Sunshine & Feinstein, LLP is proud to advocate for the interests of all residents in New York. We possess more than 55 years of combined experience handling divorce and other family law cases. We have guided hundreds of individuals through their divorces in a compassionate and sensitive manner while working to minimizing the stress of their situation.

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giving her friend emotional support

Navigating the Divorce Process

The process of divorce is often fraught with complexity and can carry enormous implications for your life going forward. Though same-sex couples face different complications and obstacles than heterosexual couples may face, they will likely have to resolve the same legal matters.

The following issues are commonly involved in divorce:

The emotionally delicate nature of divorce can make it challenging to come up with an arrangement that is your best interests. However, working with a divorce lawyer in Long Island can make it possible for you to navigate your divorce in an efficient and favorable manner.

giving her friend emotional support

Child Custody Issues in Same-Sex Divorce

As disputes among same-sex couples increasingly involve children, it is crucial to have an attorney who understands how to protect your rights in such complex situations. Unfortunately, the law is not always set up fairly for same-sex parents, especially when it comes to separation or divorce. On top of that, the laws are continually changing as more and more people call for equal rights for same-sex couples. While this is a positive step, it can convolute the process you face when determining custody rights in divorce.

For example, if both partners are legal parents—whether through joint adoptions or step-parent adoption—matters may be resolved in the court as they would be in any other divorce. The judge must review various factors to determine how custody will be divided. The court may award legal and physical custody as either joint or sole to the parents based on what they believe is the best for the child.

However, when only one individual is a legal parent, custody issues become much different. Even if the other partner has played a parental role in the child’s life, if they are not legally recognized as a parent they will likely have no rights. While this can be very frustrating, there are some courts that have begun to recognize second parents on the basis of their established relationship with a child. Still, having an insightful same-sex divorce lawyer by your side can go a long way in ensuring you and your children are treated fairly throughout the marital dissolution process.

Regardless of whether you are facing an amicable or contested divorce, having a legal representative on your side can be very beneficial. Fill out a case evaluation today.