As same-sex civil unions or domestic partnerships are now legal in New York and New Jersey, you are entitled to the same rights as any other divorcing couple if you are gay, should you meet residency requirements.
However, complications can arise when there are issues to hash out like child custody or spousal support payments, among other things. This is why it is important to work with an experienced divorce attorney if you are thinking about ending your relationship.
Gay marriages end in divorce just like heterosexual marriages—unfortunately, some states in the U.S. do not recognize these marriages and/or do not allow for them, and many people are running into complications when it comes to divorce.
Recently, the Associated Press had an interesting story about the issue, detailing the marriage of two women who moved across the country and cannot get divorced, because they live in Texas, a state that does not recognize their union.
Currently, same-sex marriage is legal in 19 states and Washington D.C., but the laws governing divorce become more complicated when couples move or have children, as there are not laws in place.
This is especially true when a couple has potentially contentious issues that need to be worked out, including access to benefits and the division of marital assets.
How Can I Speak to an Attorney About a Same-Sex Divorce?
Divorce is a complex process—when your marriage is recognized in some states and not in others, or there are murky areas when it comes to custody or support, it makes it even harder.
Paul Goldhamer has been representing gay and lesbian couples, and other non-married couples, for 40 years, preparing “live in lover” contracts and creating support, property and custody resolutions. This is nothing new to KGG, but the law is catching up with the realities of life.
If you are thinking about divorcing your spouse, you should contact our attorney, Paul B. Goldhamer, who has decades of experience dealing with intricate family law matters. Call us today. We will help you with compassionate counsel.
Kantrowitz, Goldhamer & Graifman, P.C. – Rockland County Divorce Attorneys
Source: http://www.detroitnews.com/story/news/politics/2014/09/30/divorce-law-sync-sex-marriage/16480597/