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Same-Sex Divorce Lawyer

At Cedeño Law Group, PLLC, we recognize that same-sex couples face unique challenges and considerations when it comes to divorce. Our dedicated team of same-sex divorce lawyers is committed to providing you with the knowledgeable legal support and compassionate advocacy you deserve during this difficult time.

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What is a Same Sex Divorce Lawyer?

A same-Sex Divorce Lawyer is a specialized legal advocate who represents clients in the dissolution of their same-sex marriages. Understanding that the dynamics of gay marriage can present unique legal challenges, our attorneys are equipped with the knowledge and sensitivity required to navigate these complexities.

Our role encompasses a range of responsibilities, including but not limited to:

  • Advising clients on their legal rights and obligations under New York law.
  • Assisting with the equitable division of marital assets, which may include property acquired before the legal recognition of same-sex marriage.
  • Addressing spousal support and maintenance issues, ensuring that the financial contributions and needs of both parties are fairly represented.
  • Navigating child custody and support arrangements, with a focus on protecting the best interests of any children involved and respecting the parental rights of both partners.
  • Drafting, reviewing, and, if necessary, litigating prenuptial and postnuptial agreements.
  • Representing clients in both mediation and court proceedings, providing robust advocacy and striving for resolutions that honor their wishes and legal rights.

At Cedeño Law Group, PLLC, we are committed to serving the LGBTQ+ community with the highest level of legal representation. Our goal is to facilitate a divorce process that is as smooth and respectful as possible, allowing our clients to move forward with dignity and peace of mind.

Are Same Sex Divorces Different Then Heterosexual Marriages?

We recognize that while same-sex divorces are legally similar to those of heterosexual couples, especially since the legalization of same-sex marriage across the United States, there can be differences in how the laws are applied and certain unique challenges that same-sex couples may face during the divorce process.

Here are some aspects where same-sex divorces may differ from those of traditional marriages:

Marital Assets and Property Division

Same-sex couples may have been together for many years before they could legally marry, which can complicate the division of assets that were acquired before the marriage was legally recognized.

Parental Rights

In same-sex divorces, establishing parental rights can be more complex, especially if one partner is not the biological parent and adoption or surrogacy was involved. The law is still evolving in this area to protect the rights of both parents and the best interests of the child.

Spousal Support

Determining spousal support can be particularly nuanced in same-sex divorces, as the length of the legal marriage may not accurately reflect the duration of the relationship and the economic interdependence of the couple.

Jurisdictional Issues

If a same-sex couple married in a state that recognizes same-sex marriage but resides in a state that does not, they may encounter difficulties when seeking a divorce, as some states may not have clear procedures or precedents for same-sex divorce.

Prenuptial and Postnuptial Agreements

These agreements may have been crafted under different legal assumptions before same-sex marriage became legal, and interpreting them in the context of a divorce can present unique challenges.

At Cedeño Law Group, PLLC, we are dedicated to guiding our clients through these complexities with a deep understanding of the law and a commitment to achieving fair and equitable outcomes. Our experience with same-sex divorces equips us to handle these unique challenges effectively, ensuring that our clients receive the legal support they need to navigate their divorce with confidence.

Your Advocates in Mediation and Litigation

Whether your divorce can be resolved amicably through mediation or requires the rigor of litigation, our attorneys are equipped to handle your case with the utmost care and professionalism. We strive to reach amicable settlements that respect the interests of both parties, but we are also prepared to stand up for your rights in court if necessary.

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Why Choose Cedeño Law Group, PLLC for Your Same-Sex Divorce?

  • Experience: Our lawyers have extensive experience in family law, including same-sex divorce cases.
  • Personalized Attention: We provide personalized legal services tailored to meet the specific needs of your case.
  • Advocacy: We are staunch advocates for the LGBTQ+ community and understand the unique challenges you may face.
  • Communication: Clear and consistent communication is our priority, ensuring you’re informed at every step.
  • Compassion: We approach every case with sensitivity and respect for your emotional journey.

Schedule a Confidential Consultation

If you are considering a same-sex divorce or need legal advice on related matters, contact Cedeño Law Group, PLLC today. Schedule a confidential consultation with one of our experienced same-sex divorce lawyers to discuss your situation and learn how we can assist you.

FAQs on Same-Sex Divorce

Is the process for a same-sex divorce different from a heterosexual divorce?

Legally, the process for obtaining a divorce is the same for same-sex and heterosexual couples. However, same-sex couples may face unique challenges related to the division of assets acquired before the legalization of same-sex marriage, parental rights for non-biological children, and recognition of their marriage in all states.

How are assets divided in a same-sex divorce?

Assets are divided according to the same laws that govern heterosexual divorces. However, for same-sex couples, there may be additional considerations for assets acquired before their marriage was legally recognized. We work to ensure that the division of assets is fair and equitable, taking into account the entire duration of the relationship.

Can you help with child custody arrangements in a same-sex divorce?

Yes, we can assist with child custody arrangements. We understand the unique challenges that may arise in same-sex divorces, such as establishing parental rights for non-biological parents, and we advocate for custody arrangements that serve the best interests of the child while protecting your parental rights.

What if my spouse and I were married in a different state?

If you were married in a state that recognizes same-sex marriage but live in a state with different laws, this can complicate the divorce process. We are experienced in navigating these jurisdictional issues and can help you understand your rights and options.

Will I need to go to court for my same-sex divorce?

Whether or not you need to go to court depends on the specifics of your case. Many divorces can be settled through negotiation or mediation. However, if you and your spouse cannot agree on key issues, litigation may be necessary. We are prepared to represent you in court if needed.

How long does a same-sex divorce take?

The timeline for a same-sex divorce is similar to any other divorce and can vary widely depending on the complexity of the case, the level of agreement between the parties, and the backlog of the court system. We strive to make the process as efficient as possible while ensuring that your interests are fully represented.

How can I protect my rights during a same-sex divorce?

The best way to protect your rights is to work with an experienced attorney who understands the nuances of same-sex divorce. At Cedeño Law Group, PLLC, we are committed to protecting your rights and ensuring that you are treated fairly throughout the divorce process.

What legal services do you provide for same-sex couples?

We offer a full range of legal services for same-sex couples, including divorce, child custody and support, spousal support, division of assets, prenuptial and postnuptial agreements, and more.


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