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How do I get divorced from a gay marriage?

| May 16, 2016 | Uncategorized

NY now recognizes gay marriages. That said, at least 50% of all marriages end in divorce. While it may be that gay marriages will statistically turn out different than heterosexual marriages, it remains to be seen. Nevertheless, one can bet a significant minority of gay marriages will end.

The same divorce law applies to gay marriages
While gay marriage may be new in NY, the same old divorce law applies to such marriages. As such, one will still need to go through who gets what in terms of assets & debts, as well as whether one party will pay the other maintenance (i.e., alimony).

Still a gray area on child custody issues
If there is a child of the marriage, but the child has not been adopted by the other spouse (as in a gay marriage, only one party could possibly be the biological parent), then there is still some question under NY law as to what happens in terms of child custody, visitation & support. Under current NY law, unless the child has been adopted, then once the marriage is severed, the parent who is not the biological parent would lose rights of custody & visitation – as well as the obligation of child support. There is some question as to whether the court will consider agreements incorporating same as creating enforceable rights. That said, an area of reform will need to be taken up with the Legislature as to the rights of persons in a gay marriage respecting custody & visitation.

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