Same-sex divorce in New York deals with the same issues that opposite-sex divorce deals with, and has the same requirements as well.
So whether you married here or got married in another state before New York allowed it, you must still have been a resident of New York for a year before you can file for divorce here.
You’ll need to negotiate the same terms for an uncontested divorce as a straight couple would, including equitable distribution of assets, custody and visitation agreements for your children, and child and spousal support.
In a contested action, you’ll have the same type of frustrations as any other couple in a contested divorce.
At Zelenitz, Shapiro & D’Agostino, we bring a wealth of experience in the area of same-sex divorce, and understand that while the process is the same, there are concerns that are unique to your circumstances.
Many same-sex families were established years or decades before they were legally married, making the distinction between separate and marital property difficult.
In addition, same-sex families often include children who have been adopted or were conceived or birthed by one spouse, with no biological relation to the other.
These family structures remain new, and it’s important that you have experienced advocates who understand the state of the law today.
Call us today at 718-523-1111 for a free consultation with a Queens same-sex divorce attorney.