Manhattan Same-Sex Divorce Lawyers: A Helpful Guide

Ending a same-sex marriage in Manhattan can be complicated. While the legal process is largely the same as for opposite-sex couples, there are some unique factors to consider. This article provides an overview of same-sex divorce in Manhattan – the laws, the process, and how an experienced lawyer can help.

The Same-Sex Divorce Process in Manhattan

The process of getting divorced is essentially identical for same-sex and opposite-sex couples in New York. The steps typically include:

• Filing a Summons with Notice or Summons and Verified Complaint to initiate the divorce.
• Negotiating issues like asset division, spousal support, child custody.
• Discovery process – financial disclosures, document exchanges.
• Reaching settlement agreements, either collaboratively or through mediation/litigation.
• Court approval and issuance of the final judgment of divorce.

So legally speaking, same-sex divorce in Manhattan follows the same protocols and procedures as any other divorce. But there are some unique factors to consider…

Key Issues in Same-Sex Divorce

While the process is the same, same-sex couples do face some distinct challenges when divorcing in Manhattan:

Asset division

• Same-sex couples often have significant premarital assets. Since same-sex marriage was only recently legalized in NY, assets acquired before the marriage may be considered separate property. This can complicate negotiations.
• It’s important to trace the origins of assets to determine which are marital vs separate property. A prenuptial agreement can help avoid disputes.

Custody and parental rights

• For children conceived through assisted reproductive technology, it’s critical to establish legal parentage for non-biological parents.
• Second parent adoption is advised to protect parental rights.
• Custody battles can be complicated if both parents lack biological ties to the child.

Tax implications

• Due to federal non-recognition of same-sex marriage, same-sex couples don’t enjoy the same tax benefits as opposite-sex couples.
• Income tax, estate tax, and gift tax rules differ for same-sex spouses. It’s important to consult a knowledgeable tax advisor.

Why Hire a Manhattan Same-Sex Divorce Lawyer?

Navigating these issues and achieving a favorable settlement requires an experienced same-sex divorce attorney. Here’s how the right lawyer can help:

• Expertise with unique issues – A lawyer well-versed in same-sex divorce can spot important nuances and advise appropriately.
• Negotiation skills – An attorney can vigorously negotiate on your behalf for optimal asset division, support, custody.
• Court experience – If agreements can’t be reached out of court, a seasoned litigator can fight for your rights at trial.
• Emotional support – A compassionate lawyer provides empathy and guidance during an emotionally difficult time.
• Cost savings – Rather than making expensive mistakes, it’s prudent to invest in good legal advice upfront.

Choosing the Right Manhattan Same-Sex Divorce Lawyer

Look for these qualities when selecting legal counsel:

• Substantial experience with same-sex divorce and family law.
• Strong record of favorable case results.
• Membership in LGBTQ+ legal associations.
• Comfortable rapport – choose a lawyer you feel at ease with.
• Responsive communication and availability.
• Reasonable, transparent fees.

References

[1] Obergefell v. Hodges – Landmark 2015 Supreme Court case establishing same-sex marriage rights.

[2] New York Marriage Equality Act – 2011 NY legislation legalizing same-sex marriage.

[3] Second Parent Adoption – Family Equality Council resource on adoption rights.

[4] Same-Sex Divorce: What You Need to Know – Overview of same-sex divorce issues from Nolo legal encyclopedia.

[5] Same-Sex Marriage, Civil Unions, and Domestic Partnerships in New York – GLAD guide to LGBT relationship recognition laws in NY.