Same-sex marriage has been legally recognized in Manhattan and all of New York since 2011. Tens of thousands of same-sex marriages occur each year in New York, and many of those marriages, unfortunately, end in divorce. Same-sex marriage is no different than traditional marriage in the eyes of the law, which means same-sex divorce is also viewed as the same in the eyes of the law. However, same-sex marriage and divorce do present their challenges in court, particularly when children are involved in the divorce process.
In many traditional marriages, children belong equally to both parties. In same-sex marriages, this is impossible. Children may belong legally to one partner and not the other, there is much more adoption involved in same-sex marriage, and things can become a little more complicated in the divorce process as a result. If you are a same-sex couple considering an end to your marriage, you should know what it might entail in Manhattan.
What’s Involved in Same-Sex Divorce in Manhattan?
Much like any other divorce, couples who merely happen to be the same gender must go through the same process. Divorce begins with one or both parties making the decision to end their marriage. One party then files divorce paperwork on their own or with the help of an attorney. Once the paperwork is filed, the divorce papers are given to the other spouse by way of a process server.
Until the process server presents divorce papers to the other spouse, the filing spouse has the right to stop the proceedings without their partner ever knowing they filed for divorce. Once the paperwork is filed, however, the only way to stop a divorce is with the written permission of both parties. Once the paperwork is filed, your partner has a chance to respond. This response includes several different factors.
– Property and asset division
– Child Custody
– Child support and/or spousal support
If your partner agrees to the terms you provide in these categories, the response might be favorable. If your spouse decides he or she wants more or less than what you’re asking for in the divorce, the response might differ.
The Goal of A Divorce Attorney
The goal of a divorce attorney in New York is to prevent your case from going to court. It’s our job to help you find a way to amicably and peaceably end your marriage without a trial. With the help of an attorney, you and your spouse stand a better chance of coming to an agreement regarding your financial situation and your child custody situation.
If you cannot agree with the response, your attorney will recommend you go through mediation. This process involves a court-appointment person who has no vested interest in your marriage, your divorce, your assets, or your lives. This person works for you to come to an agreement regarding your lives, finances, debts, and assets.
If an agreement is not made during mediation, your attorney might recommend you go to trial and fight for what you want. This is not ideal, and it’s recommended you work together to come up with an agreement that works well for both parties involved in this situation.
Contested vs. Uncontested Divorce
If you or your spouse cannot come to an agreement regarding the stipulations of your divorce or the division of your assets and debts, it’s called a contested divorce. This occurs when one party decides they want more than you’re offering. A contested divorce takes significantly longer in Manhattan than one in which you do not contest. An uncontested divorce is faster, more amicable, and it’s more peaceful.
Contested divorces are also costlier than an uncontested divorce. You’re paying for additional work on behalf of your attorney, court fees, and other fees that might arise as a result of your divorce going contested. It’s not always beneficial to disagree over minor aspects in the long-term when you realize what it costs.
Call an Attorney
If you are going through a divorce in Manhattan, you might find yourself confused and even intimidated by the legal terms, the process, and what you’re signing. Call an attorney for advice. An attorney knows your rights, what you can ask for, what the process looks like, and they are well-versed in the process of walking you through the divorce. You have rights, and you can hire an attorney to make this process easier for you. Divorce is stressful, but the process can be less so when you hire legal help.
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
85 Broad Street, 30th Floor
New York, NY 10005
35-37 36th St,
Astoria, NY 11106
195 Montague St.
Brooklyn, NY 11201