NYC LGBTQ
Divorce Lawyer
LGBTQ Divorce Attorney in NYC
While there can be challenges for LGBTQ couples getting divorced, the New York laws do not distinguish between same-sex or heterosexual couples when they apply to be legally separated or get divorced. They have the same legal issues, such as alimony and spousal support, child support, property, child custody, and visitation/parenting time. Furthermore, these issues are handled just like any traditional divorce in that if agreements cannot be made in negotiation, a trial is held to settle the disputes.
As long as LGBTQ couples have met the residency requirements of the state, they may get divorced in New York regardless of where they married. From a legal perspective, these divorces are just like any other divorce; however, there are some differences from a realistic perspective. Finding a family attorney who is sensitive to the needs of the LGBTQ community within the realms of divorce court is important to protecting your family and getting the outcome you want for your case.
The Law Offices of Robert Tsigler, PLLC, understands the challenges gay and lesbian couples can face when they enter into divorce proceedings. We’ve represented enough cases to navigate any family through the process of same-sex divorce in New York. Our legal team is well-versed in the laws that govern child support, spousal support, child custody, and other issues common in divorce. Our divorce lawyers are committed to treating all of our clients with the utmost respect and forming a relationship which our clients feel comfortable with. We have learned that this is the ideal way to approach any case, and we are confident we can represent you better than the competition.
Problems Gay and Lesbian Couples Face When Divorcing
Despite the fact that the laws of family court in New York aim to treat same-sex couples the same as they do heterosexual couples when divorcing, there are explicit factors that make some LGBTQ divorces a different type of case. One issue is with the length of the marriage and its determining effect on spousal support and property division.
It is important to hire a lawyer who understands how to approach these issues in court and explain to the judge that many same-sex couples have been cohabitating and living together as a married couple much longer than gay and lesbian marriage has been legal. Thus, sometimes spousal support is required, but when a marriage hasn’t met the length of time required to be eligible for spousal support, the need for certain considerations from the law is important to recognize.
Concerning marital property, it’s often hard to determine what is marital property and what is not since the date of marriage often comes far later than the date the property was acquired. In a traditional marriage, this would be considered marital property had the couple been legally able to get married earlier than they did.
Child Custody in a Same-Sex Divorce
Another problem area for same-sex divorce in NY is child custody. Because there are many different ways that same-sex couples become parents, such as through adoption, surrogacy, sperm donation, or other methods, it is often difficult to establish parental rights between the two parents. If legal adoption was carried out through only one of the spouses, when divorcing, the other spouse can have a problem claiming parental rights or custodial rights to the children within this type of marriage.
In many cases, mediation is the ideal route for divorcing couples with these problems because when the courts apply the law, it’s not always an ideal outcome for the family. This is why it’s important for same-sex couples divorcing in New York City to have the assistance of a qualified family lawyer to help them with their case. In the event of a contested divorce, adequate legal representation is very important in protecting the rights of the parents.
FAQs
Q: Do Same-Sex Divorces Need an Attorney?
A: If you’re researching how to file for divorce in New York, you may realize that divorce is possible without legal representation. However, in same-sex divorces, there are important differences from traditional divorces, and without proper legal counsel from an experienced divorce attorney, it can be detrimental to a family if they find they are facing problems with their case, specifically in regard to child custody, property division, and spousal support.
Q: How Much Is an Attorney Fee for Divorce in NY?
A: The average fee for a divorce attorney in NY is around $350 per hour, but some charge as much as $600 per hour. Some attorneys require a retainer to be paid upfront, which is similar to a deposit. As they bill hours to a case, they deduct the fees from the retainer. If the retainer runs out, you may have to put down more money to keep your lawyer working on your case.
Q: Can a Divorce Be Denied in NY?
A: If a couple is getting a divorce in an incorrect jurisdiction, then the judge will have no choice but to deny the divorce. Otherwise, a judge cannot deny a divorce. The only exception is if the divorce is not in compliance with state divorce requirements according to the laws that govern divorce in NY.
Q: What Is a Wife Entitled to in a Divorce in New York?
A: A wife is potentially entitled to a portion of the marital property as determined by the equal distribution laws of the state. She may also be potentially entitled to partial or full custody of marital children and alimony, also called spousal support.
Seek Legal Aid From Our NYC LGBTQ Divorce Attorneys
Same-sex couples face hardships every day, and this is true even in divorce. However, hiring a qualified divorce lawyer can make the process easier on yourself, your family, and your children. The Law Offices of Robert Tsigler, PLLC, can deliver the compassion you deserve, as well as the dedication needed to complete your case with the most favorable outcome. We can offer you insightful advice, effective mediation services, and, most importantly, respect. Call the Law Offices of Robert Tsigler, PLLC, and let us help you with this difficult time so that you can move on with your life in the most efficient way possible.
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