Legal Support For Same-Sex Couples Entering Divorce
Since the Supreme Court’s legalization of same-sex marriage in 2015, family law proceedings in general — and divorce considerations in particular — have become much easier for same-sex couples. Whereas previously the division of assets and dispensation of alimony/maintenance were complicated undertakings, they are now subject to the same conditions and laws that govern all divorces. Nevertheless, gay couples still face difficulties in divorces that involve child custody concerns, and it can be important to hire a lawyer who will make sure your interests are recognized.
For more than 20 years, the Law Offices of David Bliven has assisted individuals in White Plains and throughout Westchester County in all manner of family law concerns. We know the law thoroughly and know how to protect the rights of those we represent.
How do I get divorced from a gay marriage?
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.
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).
Safeguarding Your Most Important Relationships
The New York laws regarding child custody, support and visitation are still evolving in the field of same-sex divorce. The Court of Appeals (NY’s highest court) recently decided in Brooke S.B. v. Elizabeth A. C.C., that same-sex partners may have visitation rights to children, even if not biologically-related, if a parental relationship with the child is established. Yet even nonadoptive parents form strong bonds with their children.
Our firm endeavors to make sure that the child’s best interests — and most important relationships — are preserved. As with all divorce matters, we seek resolution through negotiation and mediation. These legal avenues typically provide the swiftest, least painful and most economical divorce arrangements. Yet when a situation requires litigation, we will be prepared to assert our clients’ rights in court.