According to NJ.com, former Olympic figure skater and color commentator Johnny Weir and his husband are involved in a tumultuous divorce battle. The couple, who have reportedly vacated their Lyndhurst home, have filed pleadings before the court disputing ownership of assets, personal property and custody of their pets. It has been reported that the couple owns a fair amount of high-end personal property.
Weir is the spouse with the greater income and assets in this situation. He was recently ordered by the court to pay his husband’s attorney fees and living expenses until the case goes to trial.
Do You Need Information About Divorce for a Same-Sex Marriage?
Same-sex marriages in New Jersey have been legally recognized since October 2013, and have been legal throughout New York State since 2011. This means that exactly like couples involved in heterosexual marriages, gay and lesbian couples enjoy the same legal protections and access to the family court system when it comes to divorce. In situations like Weir’s, where one spouse has much greater access to income and property than the other, it is not unusual for a court to order temporary support and attorney fees to the lower-income spouse.
Pets can be a contentious subject during a divorce. Typically, furry friends are treated as personal property during divorce cases— but recently, a Manhattan judge recognized pets as more than an asset, allowing a couple to a one-day trial to determine who would receive custody of a family dog. However, judges are generally reluctant to make an order regarding “pet custody,” and this should be something the parties work out on their own. If parties cannot agree on custody of a pet, the judge is likely to just award the animal to one spouse or the other.
High-ticket personal property, if a settlement cannot be reached, should be appraised or priced. If it is marital property, it is to be divided as part of the equitable division of the marital estate. Personal property owned prior to marriage is separate, non-marital property; however, non-marital property can be transmuted (changed) into marital property if it is shared by the parties. If you sit on either side of an argument involving a high-value item that you may have brought into a marriage or acquired over the term of a relationship, you should contact an attorney.
If you are thinking about divorce, you should contact our Bergen County divorce attorneys, who will protect you in manners of child custody and visitation, division of marital assets, alimony and child support and prenuptial and postnuptial agreements.
Let our firm arrange your initial consultation. Our family law offices in New York or New Jersey can be reached at (800) 711-5258.
Kantrowitz, Goldhamer & Graifman, P.C. – Bergen County Divorce Attorneys