Gay Marriage & Gay Divorce Lawyers in Long Island NY
Gay Marriage in the State of New York
In 2011, New York became one of the first states to legalize gay and lesbian marriage when it passed the Marriage Equality Act. However, the Act permits religious institutions such as churches to decline to perform wedding ceremonies or to recognize a marriage. At the time the Act was passed, because New York was one of the only states to permit gay marriage and did not require spouses to reside in the state in order to seek a marriage, New York became one of the most popular states for out-of-state couples to enter into a marriage. To date, same sex marriages constitute almost 10% of all marriages officiated in New York.
In addition, in 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the fundamental right to marry extends to same-sex couples. As such, all states must now recognize and permit same-sex marriages. With that said, many counties in the south have refused to issue marriage licenses to gay and lesbian couples. Because the state of New York continues to permit non-residents to marry, these same-sex couples may continue to travel to New York to obtain a marriage license.
Gay Divorce in the State of New York
Post-Obergefell v. Hodges, same-sex married couples who wish to divorce in the state of New York now must follow the same steps as opposite-sex couples. If you desire to pursue divorce, you must meet two requirements for a New York court to proceed with your case. First, at least one of the following residency requirements must be met.
- You married your spouse in New York, and either you or your spouse resided in New York continuously for one year prior to filing for divorce.
- The grounds for divorce occurred in New York, and either you or your spouse resided in New York continuously for one year prior to filing for divorce.
- You were not married in New York, you never lived together as a couple in New York, and the grounds for divorce did not occur in New York, but you or your spouse reside in New York at the time of filing and have continuously resided in New York for at least two years prior to filing.
Second, you must have grounds to be divorced in New York. These include:
- Abandonment or constructive abandonment (refusal to have sexual relations)
- Imprisonment for 3+ years
- Irretrievable breakdown for at least six months
- Legal separation for at least one year after separation agreement or judgment of separation
- Cruel and Inhuman treatment
You may pursue an uncontested divorce in which both parties agree on all terms, there are no matters that need to be settled by the court, and you only need legal services to achieve the judgment of divorce. If you are unable to come to an agreement, your divorce will be contested, and, if unable to settle the matter during litigation, a trial will ensue and the court will be responsible for evaluating evidence and arguments according to the law and determining the final outcome. Common issues in a divorce action include:
- Maintenance (Alimony) or spousal support
- Equitable Distribution (Division of assets and property)
- Child custody and visitation
- Child support
Experienced Same Sex Divorce Attorney Serving Nassau County
If you need assistance with a prenuptial agreement, post nuptial agreement, annulment, or same sex divorce, the dedicated divorce lawyers at the Law Offices of Paul A. Boronow, PC can assist you with protecting your assets and your rights. To schedule a free consultation, call our Long Island LGBT family law attorneys today at (516) 227-5353.
Call us today at 516-227-5353 for a free consultation
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