Many gay and lesbian couples celebrated when, on July 24, 2011, New York State became the sixth state in the union to recognize same-sex marriages when the Marriage Equality Act was passed.
The rest of the country followed, granting same-sex couples the same legal rights as heterosexual married couples when it came to marriage. These also gave them the same legal rights to dissolve their marriage as their heterosexual counterparts.
Divorce is always difficult for everyone involved. As your family navigates one of the most emotionally painful times of your lives, your divorce lawyer is not only your legal advocate but becomes a friend, a confidante, and a shoulder to lean on. For over 15 years, Juan Luciano, Esq. has been that for his clients. Call us now at (212) 537-5859.
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If you and your partner were legally married, New York State family law dictates that you can also legally seek a contested or uncontested divorce. Divorces involving same-sex couples are treated in the same way as heterosexual couples under New York law.
Like any other divorcing couple, a same-sex couple will experience the same emotional turmoil and legal concerns as anyone else. Divorcing same-sex couples will have the same issues surrounding:
As any other divorcing couple. Although the concerns are the same, the situations may be more complicated in the case of same-sex divorce, especially if it is contested and must go before court.
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For most couples, the ideal situation is an uncontested divorce where both parties can come to an agreement through mediation or negotiation to avoid the court system.
Unfortunately, any disagreements in property division, custody, or support will result in a contested divorce which will require the court to make decisions concerning these matters. This can make the divorce more expensive and take more time to resolve. It can also make matters more complicated in the case of some financial and custody issues.
Under New York law, in the case of a divorce, marital assets, property, and debts are divided through equitable distribution. Marital assets are those which are acquired during the marriage. Under our equitable distribution laws, these assets are apportioned by the court considering many things, including the length of the marriage.
Lgbt Family Law
Because of the relatively recent recognition of these unions under the Marriage Equality Act, many same-sex couples come to marriage later in life after they have acquired individual assets in their own names prior to the marriage, even though the couple may have been together for many years.
Consequently, the division of property in a same-sex divorce can be a particular issue. The accrual of separate property and assets may complicate what is considered marital property and the property’s valuation and distribution unless it was addressed prior to the marriage. Without a prenuptial or postnuptial agreement, many couples have difficulty resolving financial disputes in a divorce.
Unfortunately, our federal laws don’t afford the same tax protections to gay and lesbian couples as heterosexual married couples have. It is critical to get a skilled divorce lawyer’s assistance for the best tax arrangements under the circumstances. Contact us at (212) 537-5859.
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Financial issues, when it comes to same-sex divorces, maybe a bit more complicated than heterosexual divorces. In the case of division of pensions, 401(k)s, and federal tax issues, a same-sex couple may find that they are subject to issues that heterosexual couples are not. An experienced New York same-sex divorce attorney can help you navigate these unique financial issues.
As is the case in a heterosexual couple’s divorce, one partner may be called upon to pay spousal support and maintenance to the other. But there are some financial pitfalls surrounding spousal support and property division that may be difficult to navigate in the case of a same-sex divorce. An experienced same-sex divorce lawyer will be able to help you navigate these financial concerns.
Any acquired property or debt incurred during the marriage must be divided equitably under the law, regardless of whose name is on it. If one partner has incurred debts for non-marital purposes, they will not be part of that division.
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The same laws apply to gay and lesbian couples as heterosexual couples when it comes to custody and visitation. However, the same issues exist as those surrounding marital property. For families that formed, and children who were adopted prior to the legalization of gay marriage, partners who are seeking custodial rights of children who were adopted by the other partner may face obstacles.
Getting custody of a child can be difficult for anyone who is not a biological parent or the adoptive parent. Partners seeking custodial rights in this landscape face a court system that is still trying to work out the rights of the non-adoptive parent in same-sex marriages. These have been further complicated by cases with unfortunate conclusions. It is essential to get the advice and guidance of a family lawyer who understands the challenges of child custody and support as they particularly apply to gay marriage. Call today at (212) 537-5859.
The most expensive divorce expense for the vast majority of those who need legal assistance is attorneys’ fees. Nearly 8 out of 10 New Yorkers had their divorces handled by legal counsel. The vast majority (83%) of these readers hired what is known as a full-scope attorney, which means that the lawyer was involved in every aspect of the case from beginning to end.
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Divorce lawyers nearly always charge per hour so your attorney’s hourly rate is the first block in your overall costs. In New York, the average minimum hourly rate was $305, and the maximum hourly rate was $380.
These rates are significantly higher than those in the midwest and south, and they also exceed the average national rates for family attorneys. Hourly rates in New York were some of the highest in the country. You may discover that the rates for family lawyers are lower than the average if you reside in small towns, especially in the west part of the state.
The hourly rate they charge depends on their experience and location. The average hourly rate increases with experience and years. But, this doesn’t always translate to a higher total bill. Depending on your particular case, an experienced specialist might be able to solve problems in less time than a new lawyer.
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Despite the state and federal legalization of same-sex marriages, you may still face unique challenges and limitations in the face of a divorce or custody battle. It is critical to have the guidance of a same-sex divorce lawyer who is experienced and knowledgeable regarding same-sex divorces and their limitations.
With over 15 years of family law experience in the state of New York, we offer compassionate understanding coupled with aggressive strategies for those navigating same-sex divorce. At the law offices of Juan Luciano Divorce Lawyer, we strive to guide our clients through the emotional waters of divorce to ensure their family’s best interests so they can go forward.
This website is attorney advertisement. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The materials contained within this website provide general information about the firm, and do not constitute legal advice and are intended for informational purposes only.Have you and your same-sex spouse decided to get a divorce? Divorce is complicated – and same-sex relationships add a layer of complexity. In order to make sure that you get the best results for you and your family, it’s important to have an experienced Bergen County LGBT divorce lawyer by your side.
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At Arons & Solomon Divorce Lawyers, our attorneys have 150+ years of experience navigating the most intricate and nuanced divorce disputes in Bergen County, NJ. And, we’ve made it a priority to stay on top of changes in the laws that are likely to affect our clients. We are here to put the full extent of our legal knowledge to work for your benefit.
Call us at (201) 487-1199 – conveniently located in Hackensack and Madison – for more information. Your first consultation is free, so contact our law office to get started today.
When our clients wish to settle their cases quickly, amicably, and out of court, we work with other collaborative divorce partners to smooth all the details.
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We take every necessary step to get the best achievable results for our clients in every case. Call our law firm to get in touch with our compassionate and skilled legal team today to learn more.
In New Jersey, divorce can be complicated for LGBT couples. There is no one-size-fits-all LGBT divorce lawyer. Under New Jersey law, the same process is used for divorce and dissolution of civil unions or domestic partnerships.
LGBT divorce and dissolution in New Jersey is a dynamic practice area. It has changed over time and continues to change. At Arons & Solomon Divorce Lawyers, we are mindful of the changes in the law and quickly adjust our legal strategy to meet our client’s needs.
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Some same-sex couples will fall under New Jersey’s Domestic Partnership Act. Different laws may apply to couples married after the same-sex marriage case decided by the United States Supreme Court in 2015, Obergefell v.
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