February 8, 2023 7:45 PM
Divorce Lawyers and Firms

How to File for a Same-Sex Divorce in New York

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By Lonnie Nelson
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If you are considering a same-sex divorce, you may be wondering how to proceed. New York divorce laws are different than most states, and the process is complicated – especially if the couple has children or substantial assets. Contacting a New York divorce lawyer can help you navigate the divorce process, and protect your interests in property and children. You should always contact a lawyer with experience in same-sex divorce before filing for your divorce.

One of the biggest considerations in a same-sex divorce is the division of marital assets. Many same-sex couples marry later in life, which means that they’ve acquired individual assets before they got married. The law considers this and divides marital assets based on the length of the marriage, as well as other factors. However, the length of the marriage and the number of children can play a role in equitable distribution.

If the couple has children under 21 years of age, there are several complications to be aware of. In addition, a same-sex divorce can be more complicated if the child is only a parent’s, there is significant property, or the couple has shared substantial assets. Another common problem arises when the couple leaves the state, and the marriage is no longer recognized in the state of divorce.

Filing for a same-sex divorce in New York involves submitting a series of court documents. These include a Summons with Notice (Form UD-1a), Verified Complaint (Form UD-2), and Index Number. The costs of these court documents vary, but the filing fee is generally about $375. If there are children in the relationship, the process will take longer.

When pursuing a same-sex divorce, it is important to hire an experienced divorce attorney. A divorce attorney can explain the legal process, identify the grounds for a divorce, and file necessary documents to initiate the divorce. They are able to help LGBT couples resolve the separation with ease. With an experienced attorney, they can help you make your separation as easy as possible.

If the couple has children together, it is important to remember that there are unique laws for these cases. In New York, one partner is considered the child’s “second legal parent.” As such, the other partner is entitled to visitation rights and may even be responsible for child support. However, in some cases, the non-legal parent has fewer rights. This makes it important for a same-sex couple to consider a prenuptial agreement, which lays out the child custody and support issues.

Once a gay or lesbian couple files for a divorce in New York, it is important to keep these laws in mind. The laws regarding same-sex marriage are not as liberal as those governing heterosexual relationships. For the most part, same-sex couples must follow the same rules for divorce as heterosexual couples. There are several requirements that they must meet to file a same-sex divorce in New York.

In order to file for a same-sex divorce, both parties must be legally separated for at least one year. The marriage must have been legally recognized, and the parties must prove that the other person is at fault for the breakup. Additionally, the couple must have a written agreement in place before filing for divorce. A lawyer at Friedman & Friedman PLLC can help you navigate the legal process and get the right outcome.

Once the divorce proceedings are finalized, both parties must file a complaint to the court. This document is called a Summons with Notice and outlines the details of the marriage. The parties should then discuss their assets and decide who will keep the money. A lawyer may help them decide which assets they should split. If they have children together, a lawyer will make the process easier.

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