Long Island Same-Sex Divorce Attorney

Long Island Same-Sex Divorce Attorneys

Assisting Nassau and Suffolk County gay and lesbian individuals with divorce

Same-sex marriage has finally become the law of the land. This was not always the case. Many states did not recognize same-sex marriage and wouldn’t consider recognizing the union until the federal government made same-sex marriages federal law. Same-sex couples often traveled to states like Massachusetts and Vermont to trade vows and make their marriage official. When seeking a divorce, they were burdened with the specific state’s residential requirements and most did not have the right to end the marriage. In 2011, New York legalized same-sex marriage and divorce. Now, all 50 states recognize same-sex marriage and divorce. Like any other couple seeking a divorce, same-sex couples have a lot to contemplate. They must consider factors like spousal maintenance, equitable distribution of assets, and if children are involved in the marriage, support and visitation.

Same- sex divorce explained

When same-sex couples seek a divorce in New York, they need to fulfill the residential requirement that gives the court jurisdiction over their case. In New York, one or both of the spouses must have lived in the state for at least 2 years. Gay and lesbian couples also need to cite valid grounds for divorce, including but not limited to:

  • Irreconcilable differences for at least 6 months
  • Adultery
  • Abandonment
  • Incarceration

When commencing with the divorce, the couple will need to complete a Complaint for Divorce. When the plaintiff files the Complaint, it will include the grounds for divorce and any temporary relief, which can include:

If the divorce is contested, the regular divorce process applies to same-sex couples. Same-sex couples will undergo:

  • Discovery
  • Compliance Conference
  • Pre-trial motions
  • Trial

As with any divorce, gay and lesbian spouses will finalize the divorce with a Judgment of Divorce. Any orders from the court will be included, detailing the judge’s ruling on spousal maintenance, property distribution, and any child support and custody agreement.

Gay and lesbian divorce benefits from mediation

Same-sex divorces can benefit from mediation. A neutral outside party acts on behalf of the court to avoid litigation and work towards the most amicable resolution. The process of mediation saves many couples money and stress. Opening a line of communication through mediation has effectively made many contested divorces uncontested. If either party no longer wants to work through mediation, the divorce case goes back to the court.

Call a Long Island law firm on your side  

If you are a same-sex couple considering divorce, come to The Pollack Law Firm, P.C. for a consultation. The Long Island attorneys at our firm are here to assist you through times of trouble and help you achieve a better life. We pride ourselves on the commitment to our clients and will work tirelessly to reach the best possible conclusion for your legal matter. Everyone deserves dedicated, diligent, and quality legal representation. The Pollack Law Firm, P.C. is here to serve.