Is LGBTQ Divorce Different?

Is LGBTQ Divorce Different?

There are few things more emotionally taxing than divorce. If you are a member of the LGBTQ community, you may wonder if court proceedings are any different than other “standard” divorces. Please read on and reach out to our experienced Nassau County divorce attorney to learn more about how our firm can help you through the legal process going forward.

What does the term “residency requirements” mean?

In Nassau County, all LGBTQ couples seeking a divorce will have to meet residency requirements that give the court jurisdiction over your case. The residency requirements for LGBTQ divorce in Nassau County are their either you and your spouse must have lived in New York State for at least two years.

What are the grounds for divorce in Nassau County?

Since New York is a no-fault state, we generally advise people to file no-fault divorces, as this denies your spouse a chance to rebut the accusations you make. However, if you wish to cite fault grounds for your divorce, you can choose from the following:

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

How does LGBTQ divorce work?

Generally, LGBTQ divorce is not much different from standard divorces. Therefore, the first thing you must do as a spouse seeking a divorce is to file a Complaint for Divorce. This includes grounds for divorce, if any, and any temporary relief you may need until the divorce is resolved. Some examples of temporary relief can include child support, alimony payments, child custody, and financial assistance with legal fees.

That being said, if you enter a contested divorce, meaning you and your spouse cannot agree on your divorce’s terms, you will enter litigation, where your assets will be subject to equitable distribution and a judge will decide the ultimate outcome of your divorce. After the judge decides on your terms, you will have to finalize your divorce with a Judgment of Divorce.

What does a divorce mediator do?

Many spouses seek to resolve their divorce matters outside of the courtroom setting–if you are one of them, divorce mediation may be for you. If you are currently in a contested divorce but believe you and your spouse can still compromise, we can turn it into an uncontested divorce via mediation. A divorce mediator will act as a neutral third-party and will work to reach a compromise both you and your spouse can agree upon. For a skillful divorce mediator, simply contact our firm today.

Contact our experienced 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. Contact us online or call today to schedule your complimentary case analysis: (516) 342-3575.

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