The state of New York recognizes same-sex marriages making it the sixth state in the country to allow for gay marriage to become legalized. This also means that same-sex couples can get divorced and are entitled to the same legal protections and precedent available to heterosexual couples. Dissolution of a same-sex marriage is the same procedurally as it is for a traditional marriage with identical steps and issues that must be properly resolved. However, a certain level of experience, skill, and understanding is required from LGBT divorce lawyers to be able to successfully deal with this type of divorce.
While the steps in an LGBT divorce would be the same as a traditional divorce, LGBT divorces are completely different emotionally. Qualified LGBT divorce lawyers must be sensitive to and understand the emotional and lifestyle nuances that are associated with LGBT relationships situations.
Since New York now fully recognizes same-sex marriage, the divorce process for gay and lesbian couples follows the same guidelines, laws and precedent. Common divorce matters such as property division, spousal support, child support, and custody and visitation will be handled by LGBT divorce lawyers the same way they are handled for traditional couples. However, the federal government does not recognize same-sex marriages at this time, and therefore does not acknowledge same-sex divorces. Therefore, assets that are governed by federal law, such as certain pension plans or 401(k) plans, can be more complicated to resolve. Our NYC LGBT divorce lawyers will protect your rights.