Do same-sex couples face the same divorce process?
Same-sex marriage has been recognized by New York state law and has become legal. Gay couples no longer have to go to other states to get married. Just as marriage has become legal for these couples, divorce is an open option as well. As couples face divorce, it’s important to weigh your options. There are different ways of going about divorce that can benefit you in the long run. Same-sex spouses have the same options as others. There is a lot to contemplate during this difficult and emotional time. If you are in this position, seek help from a professional in order to find out what option can benefit you and your spouse the most.
Are there requirements to get a divorce?
In order to get a divorce, there are certain standards that spouses must fit. When couples seek a divorce in New York, they have to fulfill the residency requirement. This requires that the spouses have lived in the state for at least two years. This law is put in place to decide which court is given jurisdiction over the case. Just as any other couple, same-sex couples have to cite a reason for the filing for divorce. Some of these reasons may be irreconcilable differences for at least six months, adultery, abandonment or incarceration. A reason for the divorce must be stated in order for it to be reviewed.
As the process continues, the spouses will have to complete a complaint for divorce form. The form includes why the divorce is occurring and if there are any items that will be temporarily relieved in the meantime. This relief may come in the form of refraining from paying spousal maintenance, legal fees, child support or child custody.
If the divorce is contested, same-sex couples will have to undergo a series of events. This includes discovery, compliance conference, pre-trial motions and the trial. All couples have to go through this process when their divorce is contested.
Another option for same-sex couples is mediation. Mediation is a process where spouses meet with a third party to agree to the terms of their divorce. This third party is neutral and provides a safe space for the couple to make agreements in order to avoid litigation. Through mediation, spouses are able to have their privacy by avoiding court proceedings. When children are involved in a divorce, this can be a convenient option to avoid the drama of a courtroom and the stress that comes with it. However, this process may not be the best for everyone. In order to find out more about what would be best for you and your family, talk to one of our professional attorneys.
The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.