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Confronting The Challenges Of A Same-Sex Marriage

Despite the national legalization of same-sex marriage, LGBT couples may still face unique family law challenges. You may potentially encounter limitations or uncertainties when it comes to divorce or adoption. It is best to seek out an attorney who will not only staunchly protect your rights, but also provide you with trusted legal advice.

If you are ending a same-sex marriage or have concerns about the future of your family, come to us with your questions. Aside from divorce and adoption counsel, we also help clients draft prenuptial and postnuptial agreements. Our attorneys know the laws associated with your situation and how best to advance your case.

Same-Sex Couples Face The Same Decisions In Divorce

There are certain elements that are specific to the end of an LGBT marriage. However, like any other divorce, a same-sex marriage dissolution generally follows a similar process. The spouses will need to either agree on the terms of the divorce or fight for a fair result in a trial.

Same-sex divorcing couples will still have to make tough decisions regarding:

  • A child custody agreement that is acceptable to both parents
  • A visitation schedule if one parent has full physical custody
  • A fair amount of child support for each child
  • A fair amount of spousal alimony if necessary
  • The best way to divide property or debts

While we encourage communication and a cooperative approach, we understand that it may not be possible. Our attorneys recognize that a same-sex divorce can encounter as many disputes as a standard one. Should the situation escalate to trial, we are ready to advocate on your behalf.

Some issues, such as asset division, may be complicated in a same-sex divorce. While other couples have a concrete time period in which to assess the marital estate (using the length of the marriage), same-sex couples may not be able to do so given their inability to marry until recent years. We will work with you to determine the most strategic path forward to protecting your interests in light of the law.

Helping LGBTQ Couples Overcome Unique Issues

Our New York City divorce lawyers are well-aware of the unique issues same-sex couples face when divorcing. Since many of our clients adopt or have biological children through a surrogate — complications can arise. We are here to help you overcome these potential hindrances. We understand the nuances and difficulties that LGBTQ couples may face. And we embrace the opportunity to represent those going through a same-sex divorce.

Call 212-235-1382 to discuss your case in confidence with us. You can also schedule a consultation at our office using our online form. Let us help you take the first step toward securing your future today. Both English and Spanish-speaking clients welcomed. Hablamos español!


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