Staten Island Same-Sex Family Law Attorney

We are more than just attorneys—we are partners in protecting your future. Whether you’re dissolving a marriage, fighting for custody, asserting your role as a non-biological parent, or seeking clarity on property division, our team at Angiuli & Gentile, LLP provides legal guidance grounded in both New York family law and real-world understanding of LGBTQ relationships.

You deserve more than basic legal answers. You deserve thoughtful, strategic counsel that acknowledges the unique path your family has taken—and that prepares you for what lies ahead.

Same-Sex Divorce in New York

The Legal Impact of Obergefell v. Hodges

In 2015, the U.S. Supreme Court’s landmark ruling in Obergefell v. Hodges legalized same-sex marriage across the nation. That decision was a historic victory for equality, but it also revealed gaps in how the legal system handles LGBTQ divorces.

Many same-sex couples had been together for years—even decades—before their marriage was recognized by the law. That history creates complex issues when determining marital property, support obligations, and custody rights. Courts must now account for relationships that span both pre- and post-legal marriage eras, and few family law cases fit neatly into old categories.

Legal Complexities Unique to Same-Sex Divorces

Even though the legal process for divorce is technically the same for all couples, same-sex divorces often present additional challenges, such as:

• Determining what property counts as “marital” when it was acquired before legal marriage
• Calculating alimony when one partner supported the other for years before marriage
• Addressing interstate recognition issues for marriages performed in different states or countries
• Resolving disputes where one partner is not legally recognized as a parent

These complications require careful legal strategy. At Angiuli & Gentile, LLP, we help our clients navigate each step with precision, so that their rights are protected and their full relationship history is honored in the eyes of the law.

Our Role in Your Divorce Process

Our attorneys handle every stage of your divorce—from filing the initial petition and negotiating temporary orders, to finalizing the divorce decree. We work collaboratively whenever possible, but we are always prepared to litigate if your rights or your child’s well-being are at risk.

Your case isn’t just paperwork. It’s your life, your family, and your future. We treat it accordingly.

Child Custody in LGBTQ Divorces

Parental Rights Beyond Biology

For many LGBTQ families, the parenting journey includes non-biological parents, step-parents, surrogates, or sperm/egg donors. Unfortunately, when divorce arises, non-biological parents may face legal barriers to maintaining custody or even visitation, especially if formal legal steps were never taken to secure parentage.

If you are a non-biological parent who raised your child from infancy, you should not lose your rights simply because you lack a biological tie. At Angiuli & Gentile, LLP, we fight for your ability to remain in your child’s life.

Recognizing Psychological and De Facto Parents

New York courts increasingly recognize the importance of psychological parents—those who have taken on full parenting responsibilities and created deep, enduring emotional bonds with the child.

We gather evidence, present testimony, and build compelling cases that show your vital role in your child’s daily life, upbringing, and emotional development. Courts are more open than ever to these arguments—but they must be made strategically and backed by experienced legal counsel.

Protecting the Best Interests of the Child

In every custody matter, the focus must remain on what is best for the child. Our team develops customized parenting plans that provide structure and stability for children, while preserving each parent’s ability to participate meaningfully in their upbringing.

We support joint custody when appropriate and advocate for creative parenting solutions that reflect modern family realities. If litigation is necessary, we fight for outcomes that uphold both your rights and your child’s well-being.

Establishing Legal Parentage

Why Legal Parentage Matters

Legal parentage confers not just rights, but also responsibilities. Without it, non-biological parents may be unable to make decisions for the child, access medical records, or even see the child if a relationship ends.

In divorce or separation, legal parentage is what ensures you are recognized as a full parent in the eyes of the law, regardless of biology.

Securing Parentage Through the Courts

We help LGBTQ parents establish legal parentage through second-parent adoption, parenting agreements, or direct court declarations. Whether you are planning for the future or fighting for your existing parental rights, we provide the legal tools and advocacy you need to secure your place in your child’s life—now and for years to come.

Spousal Support in Same-Sex Divorce

Addressing Financial Inequities

In many long-term same-sex relationships, one partner may have paused their career to support the household or care for children. However, because the legal marriage may have lasted only a few years, courts may overlook these long-standing contributions unless presented effectively.

We make sure the court sees the full scope of your shared financial history, not just what appears on the marriage certificate.

Calculating Fair and Equitable Alimony

Spousal support must reflect reality. We work with clients to pursue or defend against alimony awards based on need, lifestyle, and long-term contributions to the relationship.

Whether you’re seeking support due to a lost income or trying to protect yourself from an unfair demand, we’ll provide evidence, financial analysis, and legal precedent to support your case.

Defending Against Excessive Support Demands

If your spouse is requesting alimony that doesn’t match the financial history of your relationship—or is inflating their needs or deflating their earning potential—we will vigorously challenge those claims. We present a clear, fact-based picture that protects your financial future.

Division of Marital Property and Assets

Identifying Marital vs. Non-Marital Property

Because many LGBTQ couples shared finances before they could legally marry, separating assets can be especially complex. Property acquired during a committed relationship—but before legal marriage—might not automatically be classified as marital under New York law.

We work with you to document, date, and clearly define what should be included in marital property and what belongs to each individual.

Understanding Equitable Distribution in New York

New York follows the rule of equitable distribution, meaning that assets are divided fairly, not necessarily equally. Factors like income, career sacrifices, caregiving, and contribution to property acquisition can all affect this division.

We help ensure that the court understands your full contribution—financial and non-financial—to the marriage and the household.

Resolving High-Value and Complex Asset Division

If your divorce involves businesses, real estate holdings, retirement accounts, or jointly titled investments, our firm has the financial and legal expertise to handle these matters with precision. We partner with valuation experts when needed and structure settlements that reflect both your past efforts and your future needs.

Multi-State and International Marriage Recognition

Navigating Legal Differences Between States

Couples who married in one state and live in another may face legal complications due to differing state interpretations of marriage, divorce, or parentage law. These conflicts can stall or invalidate parts of the divorce process if not handled properly.

We guide clients through jurisdictional challenges, helping ensure that your divorce is filed in the appropriate venue and that your rights are protected across state lines.

Ensuring Recognition Across Borders

If your marriage occurred internationally, or if you live in a state that was slow to implement marriage equality, we help ensure that your legal status is recognized and your divorce is enforceable—both in New York and beyond.

Parenting Agreements for LGBTQ Couples

Proactive Planning for Future Security

Parenting agreements are vital tools for LGBTQ couples raising children, particularly those who are unmarried or where only one parent holds legal parentage. These agreements help formalize parenting roles, responsibilities, and expectations, reducing the likelihood of future disputes.

Supporting Both Parents’ Rights

We draft parenting plans that protect both parties while focusing on the child’s best interests. These agreements can include terms for physical custody, legal custody, holiday schedules, travel restrictions, and more.

Modifying or Enforcing Agreements as Circumstances Change

As children grow or life circumstances evolve, parenting agreements may need to be updated. Our firm can help you modify existing agreements or enforce them when one parent is not complying.

Frequently Asked Legal Questions

Are same-sex couples treated the same as heterosexual couples in divorce?

Yes, under New York law, divorce procedures are the same. However, non-traditional family structures often require additional legal considerations, particularly in custody and financial matters.

Can I still have parental rights if I never adopted my partner’s child?

Possibly. New York courts may recognize your role as a psychological parent. If you’ve been actively involved in the child’s life, you may be entitled to custody or visitation—even without legal adoption.

Is our marriage still valid if we were married in another country or before 2015?

In most cases, yes. New York recognizes legally valid marriages from other jurisdictions. However, residency requirements may affect where and how you can file for divorce.

Am I eligible for alimony in a same-sex divorce?

Yes. Courts will consider your income, career history, caregiving responsibilities, and standard of living to determine whether support is warranted. Your orientation or gender has no bearing on eligibility.

Why Choose Angiuli & Gentile, LLP for LGBTQ Family Law

Decades of Experience with Modern Families

We have been serving families throughout Staten Island and New York City for over 30 years. Our attorneys understand the real-world needs of LGBTQ clients—because we’ve been representing them since long before marriage equality became law.

A Commitment to Inclusion and Equality

We don’t treat LGBTQ cases as outliers. They are central to what we do. Our firm is known for fighting for modern family structures and ensuring the courts see our clients as full, equal participants in family law.

Personalized Legal Strategy for Every Client

Every family is different. We listen closely, develop legal plans tailored to your goals, and stand with you through negotiation, mediation, or litigation. You can rely on us for clear communication, solid advocacy, and respect at every turn.

Contact Angiuli & Gentile, LLP Today

You don’t have to navigate divorce, custody, or parentage issues alone. Angiuli & Gentile, LLP is here to support and protect LGBTQ individuals and families throughout New York.

We offer private, judgment-free consultations to help you understand your rights and options. Our attorneys are committed to providing inclusive, effective legal counsel that reflects the unique experiences of LGBTQ clients.

Contact us today for a free consultation. Let us help you move forward with strength, clarity, and peace of mind.