How Does a Member of the LGBTQ Community Get a Divorce in New York State?

How Does a Member of the LGBTQ Community Get a Divorce in New York State?

serve divorce papers

Since 2011, LGBTQ marriage has been legal in New York State. This was a big step for our country, which, as of now, has legalized LGBTQ marriage in all 50 states. Many LGBTQ couples all over New York celebrated by getting married as soon as it was legalized. However, unfortunately, some of these couples are now seeking a divorce. If you are a member of the LGBTQ community and believe you are ready to file for divorce, here are some of the questions you may have: 

What are “residency requirements”?

If you are an LGBTQ couple in New York, you will need to fulfill the residency requirement that gives the court jurisdiction over their case. Therefore, in New York, you, your spouse, or both, will have to prove they’ve lived in the state for at least 2 years.

What are valid grounds for an LGBTQ divorce?

When you are seeking a divorce as a member of the LGBTQ community, you will also have to cite valid grounds for divorce. Some of these valid grounds are as follows:

  • Incarceration
  • Abandonment
  • An irretrievable breakdown for a period of 6 months or more prior to the commencement of the action for divorce
  • Adultery 

What is the LGBTQ divorce process like?

First, you must complete a Complaint for Divorce, which will include the grounds for divorce and any temporary relief, including spousal maintenance, child support, child custody, and legal fees. If the divorce is contested, then the couple will undergo the litigation process, including discovery, a compliance conference, pre-trial motions, and a trial. LGBTQ couples will then finalize their divorce with a Judgment of Divorce wherein any orders from the court will be included, such as property distribution, spousal maintenance, or any child support or custody agreement.

How may I benefit from mediation?

The litigation process is very often time-consuming and therefore emotionally and financially draining. To make matters worse, both partners rarely walk away from the litigation process feeling satisfied with the outcome. When you hire a divorce mediator, you avoid a courtroom setting altogether, and you work to achieve common-sense solutions with your former spouse and a neutral third-party mediator. Many couples find that an unbiased third party facilitates a practical, civil discussion, without letting their emotions get the best of them. If all goes as planned, you will have a potentially binding document regarding the terms of your divorce that both you and your former spouse agree upon.

Contact our Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Call today to schedule your complimentary case analysis: (516) 938-3330.

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