Same-Sex Divorce Lawyers in Queens

Divorce Strategies That Account for Your Full Relationship History

With the 2015 U.S. Supreme Court ruling in Obergefell v. Hodges, marriage for same-sex couples became legal throughout the United States. That welcome development has led to many happy marriages, but as with heterosexual couples, some marriages end in divorce.

Same-sex spouses generally follow the same New York divorce framework as other married couples. However, the legal marriage date may not capture years of shared finances, property ownership, or parenting that came before marriage. We assess the marriage timeline, assets and debts, parentage records, financial information, and the spouses’ level of agreement before recommending negotiation, mediation, or litigation.

Contact Law Offices of Andreas Vasilatos to discuss your divorce, parentage concerns, or financial questions. You can also call (855) 773-1166 to speak with our same-sex divorce attorneys.

Key Issues in a New York Same-Sex Divorce

Divorce may require decisions about property, debt, spousal maintenance, child custody and parenting time, child support, and the legal end of the marriage. Each issue requires analysis of the applicable law and the specific facts rather than assumptions based solely on the length of the legal marriage.

Issues that may require focused review include:

• Child Custody and Support: When spouses have raised a child together, each person’s legal parentage status can affect custody, parenting time, and support. Parentage documents, adoption records, birth records, and the history of each spouse’s caregiving role may be relevant. A second-parent adoption can establish a legal parental relationship, but the effect of any record or prior order must be assessed individually.
• Property Division: New York equitable distribution distinguishes marital property from separate property and divides marital property fairly, which doesn’t always mean equally. Couples who spent years together before they could legally marry may need to examine title records, account statements, debts, and contributions made before and during the marriage.
• Spousal Maintenance: New York courts consider statutory factors and the parties’ financial circumstances when addressing spousal maintenance. The length of the legal marriage is relevant, but it may not reflect the couple’s broader financial history or the arrangements they maintained during a long-term relationship.

Divorce Options for Same-Sex Spouses in Queens

The appropriate path depends on which financial and parenting issues are resolved and which remain disputed. Our same-sex divorce attorneys in Queens can identify the terms that must be addressed before documents are prepared or settlement discussions begin.

New York divorce cases may proceed through:

• Negotiated Resolution: The spouses and their attorneys exchange information and negotiate property, debt, maintenance, custody, parenting time, and support terms.
• Divorce Mediation: A neutral mediator helps the spouses discuss unresolved issues. Each spouse can obtain independent legal advice before accepting proposed terms.
• Uncontested Divorce: The spouses must agree on the divorce and all related financial and parenting issues before the court can enter a final judgment.
• Contested Divorce: When negotiation or mediation doesn’t resolve the dispute, the court may need to decide contested financial or parenting issues.

Divorce, separation, and annulment proceedings are handled in New York Supreme Court. Queens Supreme Court’s Civil Term handles matrimonial cases when the applicable venue and filing requirements are met. Family Court can address certain custody, visitation, and support matters, but it can’t grant a divorce.