ILITs Unveiled: Estate Planning
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About Elder Law in New York
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Article 81 Guardianship New York
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Is trust better than inheritance?

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LGBTQ Divorce in New York

Comprehensive Guide by Morgan Legal Group P.C.


Divorce can be a complex and emotionally challenging process, and for LGBTQ individuals in New York, there may be specific legal considerations to address. At Morgan Legal Group P.C., we understand the unique aspects of LGBTQ divorce. We are committed to providing expert legal guidance to individuals seeking divorce within the LGBTQ community in New York City.

New York has been at the forefront of recognizing LGBTQ rights, including marriage and divorce. Same-sex marriage was legalized in the state in 2011 with the passage of the Marriage Equality Act. This landmark legislation made New York one of the early adopters of marriage equality in the United States.

With the legal recognition of same-sex marriage in New York, LGBTQ couples have the same rights and responsibilities as opposite-sex couples regarding marriage and divorce. This means that LGBTQ individuals have the legal right to marry and access to the legal mechanisms for divorce in the state.

Key Considerations in LGBTQ Divorce

LGBTQ divorce shares many similarities with divorce involving heterosexual couples, but there are unique considerations to be aware of. Here are some key factors to keep in mind:

1. Property Division

During a divorce, the marital property is typically divided between the spouses. This includes assets acquired during the marriage, such as real estate, financial accounts, and personal property. In LGBTQ divorces, property division can become more complex if there are disputes over assets or if the couple’s financial situation is intricate.

2. Child Custody and Visitation

If the divorcing LGBTQ couple has children, decisions about child custody and visitation rights must be made. New York courts prioritize the child’s best interests when determining custody arrangements, regardless of the parent’s gender or sexual orientation. It’s essential to create a parenting plan that addresses the needs of the children and ensures both parents have meaningful involvement in their lives.

3. Spousal Support

Spousal support, also known as alimony, may be a consideration in LGBTQ divorces. New York courts may award spousal support to a spouse based on factors such as income disparity and the length of the marriage. It’s important to understand the spousal support laws in New York and work with an attorney to negotiate fair terms.

LGBTQ individuals in New York have legal protections against discrimination, including in divorce proceedings. No one should face discrimination based on their sexual orientation or gender identity during a divorce. If you believe you experienced discrimination during your divorce, seeking legal assistance to protect your rights is crucial.

The Divorce Process for LGBTQ Couples

The process of obtaining a divorce in New York typically involves the following steps:

1. Filing for Divorce

One spouse must file a divorce complaint in the New York Supreme Court to initiate the divorce process. This complaint outlines the grounds for divorce and the relief sought, such as property division, child custody, and support.

2. Grounds for Divorce

New York allows for both no-fault and fault-based grounds for divorce. No-fault divorce is available when the marriage has been broken for at least six months. Fault-based grounds may include cruelty, abandonment, or adultery. Your choice of grounds can impact the legal process and outcomes.

3. Discovery and Negotiation

Both spouses exchange financial information and other relevant documents during the discovery phase. Negotiations between the parties, often facilitated by their attorneys, aim to reach agreements on property division, child custody, support, and other issues.

4. Settlement or Trial

If the spouses reach agreements on all issues, they can submit a settlement agreement to the court for approval. If disagreements persist, the case may go to trial, where a judge will make decisions on unresolved matters based on the evidence presented.

5. Final Judgment

Once the court approves the settlement agreement or makes decisions at trial, a final judgment of divorce is issued. This judgment officially terminates the marriage.

Working with an LGBTQ-Friendly Attorney

Choosing an attorney who is experienced in LGBTQ divorce cases is essential to ensure that your rights and interests are protected throughout the process. At Morgan Legal Group P.C., we deeply understand the legal complexities involved in LGBTQ divorce in New York, and we are dedicated to providing compassionate and effective legal representation to our clients.

If you are considering or going through an LGBTQ divorce in New York, it’s crucial to have knowledgeable legal support by your side. Our team at Morgan Legal Group P.C. is here to assist you every step of the way. Contact us today to schedule a consultation and learn more about how we can help you navigate the divorce process.

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