As Pride Month ends, we invite you to join us in taking a closer look at the divorce and family law issues facing LGBTQ+ families in New York.
June 26 marked seven years since the Supreme Court issued a ruling that guaranteed the right to marriage for same-sex couples across the United States. This legal affirmation came with legal obligations and responsibilities as well. Continue reading to learn about some of the issues that arise when a same-sex marriage ends in divorce.
There is Plenty of Overlap
Many of the legal issues present in a same-sex divorce closely mirror those found in divorces involving spouses of the opposite sex. Issues such as the division of the marital estate (property and debts) need to be addressed regardless of whether the spouses are same-sex or opposite-sex. The same applies to spousal support (alimony) and other financial issues facing divorcing couples.
Another commonality is that a well-crafted prenuptial or postnuptial agreement can create a framework for effectively resolving the issues present in a divorce and significantly curb the legal fees in the event of a divorce.
Children Add Unique Legal Wrinkles to LGBTQ+ Divorce
Children’s issues such as determining legal custody are not always cut-and-dried in a same-sex divorce. So if you have children together, it is crucial to examine these issues very carefully before moving forward with your divorce.