Are you in a same-sex union that you need to end? When marriages of equality became legal, so did the need for a way to end them. Since June 24, 2011, same-sex couples have been allowed to marry in the state of New York. Brooklyn has always prided itself on being open and diverse.
In June of 2015, marriage around the country became legal for the LGBT community. As with traditional marriages, sometimes things do not work out. When divorcing, the same laws that apply to a traditional couple also apply to the same-sex couple. However, the court altered the aspects of family law, and it takes a strong lawyer to fight for your rights to ensure you get a favorable outcome. Here are some common questions we receive on same-sex divorces:
1. Am I Entitled To Half Of Everything Like Retirement?
The court does not make one set of laws for gay and lesbian couples and another for monogamous. If you have been married the allotted time, then you will be entitled to the same benefits. The longer the marriage, the more benefits you are entitled too. If there was $15,000 in a bank account before you got married, and you added another $20,000 during the marriage, only the $20,000 could be split. The other money would be a pre-marital asset. If the party has proof to such, the other person cannot touch it.
2. We Adopted A Child, So Who Gets Custody?
A judge looks at the best interest of the child. Some people believe that the court favors the mother over the father. In a case where there are two mothers, it would be hard to decide. The old mother over father ruling is old school. The court uses a standard that looks for the “best interest of the child.” The parent with the stable job, financial security and better living arrangement would be the obvious choice. Even in same-sex divorces, the other party gets visitation rights. Do not think the court will not do some investigation to find the best situation either.
3. We Bought a House Together, But I Do Not Want It Anymore. What Do I Do?
As with most marriages, a home that is owned by both parties can be a source of contention. If one side wishes to retain the house, then they must pay you any equity that you have accrued then they must buy you out. In some cases, the other person will not have the money or resources to do so.
The court will often give them a time frame in which they must accomplish this task. If they cannot or do not pay your share, then they are in contempt of court. If there is a fight over the home and both parties want it, then the court will look to see if there is one person more financially stable than the other.
4. Can I Get Alimony or Spousal Support?
You will take comfort in knowing that you can receive alimony or spousal support. If you are in a relationship where you are disabled, or the other party provided for most of your needs, you are entitled to care. Judges like to see longevity to award such an amount. To receive this benefit, you must have little income or no way of providing for yourself at the level in which you are accustomed too.
5. Can We Get A Dissolution or Do We Have To File For Divorce?
As previously stated above, the laws apply to everyone regardless of their sexuality, and there are not two different sets. If you can end things peacefully, then you do not need to file for divorce. There are many instances when dissolution is justified. You can also use mediation to help reach agreements and keep your costs down and process shortened.
Because we are a nation that believes in equality for all, you do not have to worry about losing assets, children, or your support when you file for a same-sex divorce. You should keep your focus on getting on with your life in the healthiest way possible. Any marriage failure is a bitter pill to swallow. You need a Brooklyn law firm that is well versed in these matters and can assist you with your journey. They say that the only thing worse than being single is being married to the wrong one, so we can help you end your union and move on.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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