Now That Gay Marriage is Legal, Do the Same Divorce Laws Apply?
Gay marriage is under the same set of laws on divorce and separation as any other marriage. There is no difference. The acquisition of marital property and rights over the course of the marriage is the same, issues of custody and parenting time would be the same and spousal maintenance would be the same. All the same issues that would face a heterosexual couple would face a gay couple upon divorce or separation.
The first step the couple needs to do, is fulfill the residential requirement that gives the court jurisdiction over their case. They also need to demonstrate valid grounds for divorce which can be irreconcilable differences, adultery, abandonment, incarceration etc., and complete a Complaint for Divorce. In addition, if the divorce is contested, the regular divorce process will apply to same-sex couples. Similar to any other divorce, gay spouses will have to finalize the divorce with a judgement of divorce that will include the judge’s ruling and any legal orders from the court.
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.