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staten island Same-Sex Divorce Lawyers

Same-Sex Divorce in New York: Navigating the Legal Process

New York’s Stance on Same-Sex Marriage and Divorce

New York is ahead of the times on gay marriage. Although the Supreme Court didn’t make same-sex marriage official until June 2015, New York enacted the same legislation back in 2011. In the state of New York, same-sex divorces are considered “no fault.” But this doesn’t mean you won’t have problems like heterosexual couples when it comes to custody and even visitation issues. If you are a same-sex couple and you need advice on a pending divorce, you should seek out a skilled same-sex divorce lawyer as soon as possible. Only they can guide you through any complexities that may come along with the dissolution of marriage.

How a Same-Sex Divorce Lawyer Can Help

A good defense lawyer can help same-sex couples with:

  • Property division
  • Alimony and spousal support
  • Parenting plans and child custody
  • Child support payments

From a legal standpoint, there is really no difference legally from a heterosexual or same-sex divorce. Just like any other divorce, there will be separation of property, maintenance, custody, and visitation. If you are in a same-sex marriage and want to know more about your divorce rights, you should seek out the help of an attorney who can give you proper representation. They will look at your case and give you an honest assessment.

The Importance of a Smooth Divorce Process

Divorce can be very hard on families. There are many issues to take into consideration. No one wants a divorce to become bitter or contentious. A good attorney is out for your best interest. They will do everything in their power to ensure the divorce goes through as smoothly as possible. But there is an issue of fairness in a same-sex divorce just like a heterosexual divorce.

It is important that you move onto the next phase of your life as seamlessly as possible. At the hearing, both your attorney and your spouse’s attorney will attempt to come to some type of reasonable conclusion. If that can be met, all is good. Sadly, there are times when emotions get in the way of what is best for everyone, including the children. Your attorney will call you in for a free consultation. This way, they can take all of your issues and concerns to formulate an effective defense strategy.

Dealing with Potential Conflicts

Unfortunately, there are times when things can get ugly. Hurt feelings often make some people act in a negative fashion. Your attorney needs to ensure you are prepared for this. Regardless, a judge will make a ruling based upon the evidence presented by both parties. Some people who feel scorned will also attempt to use the kids against the other spouse in a same-sex relationship. A good attorney can do the talking for you and state your case in the best possible manner.

Most defense attorneys strive to get the case over as quickly as possible to avoid ugliness. In many cases, an agreement can be reached by both parties. However, if one party is not cooperating, a defense attorney can litigate the matter aggressively on your behalf. A good defense attorney wants you to understand that they are fighting for you. And they will do everything in their power to ensure you are represented professionally and ethically.

Choosing the Right Same-Sex Divorce Lawyer

So if you are looking for a good same-sex divorce lawyer, choose one who has a solid track record and can help your case get settled amicably. They should be experienced in handling same-sex divorce cases and understand the unique challenges and complexities that may arise

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