Manhattan Same Sex Divorce Lawyers
When same sex couples in New York, and across the United States, gained the right to wed, the encountered a companion obligation to obtain a formal divorce if the marriage did not work out. If you are in a same sex marriage, and you have reached the juncture at which you have decided to end your marriage, you undoubtedly have a myriad of questions.
The first step that you should consider taking if you are in need of a divorce is to contact a qualified, experienced Manhattan same sex divorce lawyer. The reality is that the same laws pertain to opposite and same sex couples in New York in need of a divorce. However, not all attorneys have the same level of experience necessary to work with a spouse in a sex same marriage in need of divorce.
You can begin the process of retaining a skilled, tenacious same sex divorce lawyer by scheduling an initial consultation. As a normal matter of practice, a same sex divorce lawyer does not charge a fee for an initial consultation with a prospective client.
During an initial consultation, you will obtain an overview of applicable divorce law. The attorney will provide an overview and evaluation of your case, including noting what you can and cannot reasonable expect during the course of marriage dissolution proceedings. You will also have an opportunity to raise any questions you might have about your case.
Property Division in a Same Sex Divorce
The rules governing property division in a New York divorce are the same no matter the sex of the spouses in a marriage. New York utilizes what is know as the equitable division or distribution of property standard.
Pursuant to the equitable distribution standard, the assets and debts accumulated during the course of a marriage are divided in way that is deemed just and equitable under the circumstances. The division need not be equal. In fact, it probably will not be.
The equitable division standard is what is used in the vast majority of states. About a dozen states utilized the community property standard. The best known of these states if probably California. Through the community property standard, the presumption is that the assets and debts of a marriage are to be distributed equally.
A key factor in some divorce cases is determining what is and is not a marital asset or debt. Only marital assets are subject to distribution in a divorce proceeding. Non-marital assets and debts remain with the spouse to which they belonged before the marriage. In addition, if one spouse inherits property during the marriage, that is also likely not be included in the divorce as a marital asset.
Child Custody and Visitation in a Same Sex Divorce
As is the case with the assets and debts accumulated during the marriage, there is no distinction between a same sex or opposite sex marriage when it comes to the laws dealing with custody and visitation. The same laws and judicial or legal standard applies in any type of New York marriage termination proceeding.
The state of New York utilizes the best interests of the child standard in making determinations in regard to child custody and visitation. The standard requires the court to closely examine the facts and circumstances of a particular case. The court considers such factors as the mental, physical, and emotional health of the parties. The court may also look at the living situation or environment of each parent. In addition, the court may consider which of the parents historically has served as the primary caretaker of the child or children.