Same-Sex Marriage and Divorce in New York

Under the Marriage Equality Act, passed by the New York State legislature, same-sex marriage became legal in New York on July 24, 2011. This landmark passage went into law after several years of stops and starts in the legal arena. The passage of legislation making gay marriage legal opens up a new area of law for those who practice family and divorce law in the state. Although the same legalities may apply to gay and lesbian divorce that apply to heterosexual divorce, the emotional nuances of such can be entirely different.

As in any divorce, many personal and often emotionally-charged issues must be resolved in a gay or lesbian divorce. These issues include child custody and visitation, child support, alimony or spousal support, as well as the division of marital property and assets. Many legal factors and repercussions can be involved in such matters, as in dividing pensions, tax consequences when distributing assets or transferring real property from one spouse to the other or when one spouse is required to pay alimony or maintenance. Same-sex couples who leave the state of New York and seek divorces in other states may find themselves in an even worse situation, made untenable by a state legal system which doesn't recognize same-sex marriage, making divorce impossible.

Get Help from a New York Divorce Lawyer

If you reside in New York and are contemplating a divorce in a same-sex marriage, you are fortunate. A sane divorce process is possible for gay and lesbian spouses in the state. In the metropolitan New York City area, you will find a New York divorce attorney who practices divorce and family law exclusively and thus commands a great deal of knowledge and experience in this field. Using a team approach involving accountants, appraisers, and psychologists, Brian D. Perskin & Associates, P.C. provides comprehensive legal representation for those faced with sensitive, emotionally-charged, and complicated divorce issues. The firm is well-equipped in the way of resources to handle any type of issue that can arise in a divorce case. Understanding all of the potential pitfalls of the divorce process, legal, emotional, and financial, the firm will ensure that your divorce is handled as smoothly and efficiently as possible.