Going through a divorce can be one of the most difficult and emotional experiences of your life. Whether you’re facing this challenge as a member of a same-sex couple or in a different type of marriage, it can feel overwhelming, confusing, and sometimes even isolating. At times like these, it’s important to remember that you don’t have to navigate this journey alone. If you’re seeking guidance on how to handle your same-sex divorce in New York, we are here to help. We understand that every relationship is unique, and our goal at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is to help you achieve the best possible outcome while being supportive and compassionate throughout the process.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Understanding Same-Sex Divorce in New York
Since the legalization of same-sex marriage in New York State in 2011, same-sex couples have had the same legal rights and protections as opposite-sex couples, including the right to divorce. However, the legal process for divorce is complicated, and many same-sex couples may face additional concerns or confusion. This is especially true when it comes to matters such as property division, spousal support, and child custody. These areas of divorce law can be particularly complex, especially if you and your spouse have been together for many years or have children.
The Legal Process of Same-Sex Divorce
Like all divorces, the process of dissolving a same-sex marriage begins with filing a petition for divorce. Once the divorce papers are filed, there are several important steps to follow, such as negotiating the terms of the divorce, attending mediation (if necessary), and finalizing the terms with the court. If both spouses can agree on the terms of the divorce, it may be possible to settle the case outside of court. However, if you and your spouse are unable to come to an agreement, your case may need to go to trial.
One of the key components of any divorce is the division of assets. In New York, property division follows the principle of equitable distribution. This means that the court will divide marital property fairly, though not necessarily equally. If you and your spouse have been together for many years, dividing assets that have been accumulated over time can be particularly challenging. Matters such as pensions, retirement savings, and even the division of a home can lead to disputes that require careful legal guidance.
Child Custody and Support
For couples who have children, the issue of child custody and child support can be one of the most difficult aspects of the divorce process. In New York, custody decisions are made based on the best interests of the child. The court considers various factors, such as the child’s relationship with each parent, the child’s needs, and the ability of each parent to provide for those needs.
In a same-sex divorce, child custody may involve additional complexities, especially if one or both parents are not the biological parent of the child. This can be especially true for couples who used assisted reproductive technologies such as sperm donation or surrogacy. It’s important to understand your parental rights and work with an experienced attorney to ensure that your custody arrangement is fair and in the best interest of your child.
Child support is another important issue to address. Both parents are required to financially support their children, and the amount of child support is determined by the court based on the income of both parents. New York has a specific formula for calculating child support, and it is important to have legal assistance to ensure that you are meeting your obligations or receiving a fair amount of support for your children.
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First Step of the Divorce Process
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Financial Considerations in Same-Sex Divorce
Financial issues are central to any divorce case, but for same-sex couples, there can be additional factors to consider. If you and your spouse were together before marriage, or if you have been married for a short time, determining the division of assets can be challenging. For couples in long-term relationships, there may be questions regarding assets that were acquired before the marriage but were co-mingled during the relationship. This can make it difficult to determine what property should be considered “marital property” and what should remain separate.
Spousal support is another financial consideration. In New York, spousal support (often referred to as alimony) is determined based on several factors, including the income of both parties and the length of the marriage. It’s important to understand your rights regarding spousal support, especially if you were financially dependent on your spouse during the marriage.
The Importance of Legal Support
A divorce is rarely a simple process. The emotional strain, combined with the legal complexities of dividing property, handling custody, and determining spousal support, can make even the most straightforward divorce feel daunting. If you are in a same-sex marriage and facing a divorce, you need a legal team that understands your unique circumstances and can help guide you through the process.
While it’s always difficult to face the end of a relationship, having the right attorney can help ensure that your interests are protected. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we take pride in offering comprehensive legal support that is empathetic to your needs. We are committed to helping you navigate the legal complexities of same-sex divorce with a focus on achieving the best outcome possible.
Your Next Steps
If you are facing a same-sex divorce, it’s important to take action quickly to protect your interests and your future. Whether you are concerned about custody, property division, or spousal support, we can offer the support and guidance you need during this challenging time. The legal process doesn’t have to be overwhelming, especially when you have experienced legal professionals on your side who will fight for what is best for you.
Divorce is never easy, but with the right legal support, you can move forward confidently and with a sense of security. Our team is here to help guide you through every step of the process, ensuring that you understand your rights and options. Don’t wait to get the help you need—contact us today to schedule a consultation and start your journey toward a positive resolution.
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are here to provide the experienced legal support you need during your same-sex divorce in New York. Let us help you achieve the successful case result you deserve.