Brooklyn Same-Sex Divorce Attorney Pursues Innovative Solutions
New York family legal counsel helps resolve novel issues in same-sex divorce
American same-sex couples have finally achieved the recognition and protections they deserve. However, like other couples, they can fall out of love. At Goldberg Sager & Associates, our Brooklyn same-sex divorce lawyer understands the unique issues and challenges that may be faced in ending a same-sex marriage, civil union or domestic partnership.
Unique challenges in New York same-sex divorce cases
Same-sex marriages are recognized across the United States. However, lawyers and their clients in a same-sex divorce must wrestle with problems that don’t arise in other divorces, including:
- Legal recognition — There are differences between New York family law and that of other states, which can create issues for divorcing spouses who move to or from those states.
- Discrimination in the court system — Some judges might unfairly treat same-sex divorces differently than opposite-sex divorces.
- Financial issues — Many couples lived together and shared their property and debts long before they were able to marry, which can create special financial issues.
Our divorce attorney has the experience, knowledge and skill to resolve these issues in same-sex divorces.
Division of property in same-sex divorce cases
A divorce requires the spouses to equitably divide their marital property, which generally means the property they earned or acquired during marriage. The property a spouse owned before marriage is normally separate and not divided. However, same-sex couples may have commingled assets before they were legally able to marry. In deciding whether these are separate or marital property, judges must take into consideration the length of the quasi-marital relationship, the sources and use of the income at the time of marriage and other relevant factors. We will work for a division of property that is most fair to you.
Child custody and support issues for same-sex marriages
In same-sex divorces, there can be complications in how the court decides child custody and visitation. Typically, one spouse is the biological parent of a child that the other spouse may or may not have adopted. One or both of the spouses might also have children from earlier relationships, requiring the court to consider whether step-children relationships exist. The amount of child support is based largely on the annual income of each parent and how many children each parent is responsible for. How the court determines custody may affect those amounts. Lingering prejudice against same-sex parents can sometimes result in unfair decisions. We will fight to protect your interests, as well as those of your children, in resolving these often difficult issues.
Negotiating spousal support
New York judges consider a variety of other factors in calculating the amount of permanent spousal support — also known as maintenance — that the higher earning spouse must pay to the lower earning one. The length of time that a spouse receives spousal support is typically some percentage of the duration of the marriage. However, same-sex couples may have been unable to marry until recent changes in the law of their state, which could negatively impact support awards. Although some judges consider the duration of pre-marital cohabitation, the outcome is often uncertain. In negotiating spousal support, we strive to make sure the amount you pay or receive is fair, taking into account all relevant factors. We often help couples settle the question in prenuptial or postnuptial agreements.
