Same-Sex Family Law
Supreme Court Ruling Makes Gay Marriage Legal In All 50 States
While New York State had enacted its own legislation allowing gay marriage back in 2011, a June 2015 U.S. Supreme Court ruling made gay marriage legal in all 50 states. The law will affect New York residents insofar as same-sex marriages performed in New York must now be legally recognized in other states. Furthermore, New York couples who wish to marry in other states must now be allowed to do so. While the ruling represents a victory for same-sex couples wishing to marry, the ruling could also eventually bring with it a greater number of same-sex couples seeking a divorce.
There is no legal difference between a family law case involving a heterosexual couple and a case involving a same-sex couple. As with any divorce, marital property will be subject to equitable distribution, spousal maintenance can be requested and the well-being of children must be ensured in child support, custody and visitation plans. At Angiuli & Gentile, LLP, we can handle all of these issues for you.
Same-Sex Family Law And Divorce Lawyers
At Angiuli & Gentile, LLP, we assist gay and lesbian couples on Staten Island, New York, with all aspects of family law, including divorce, child custody, property division, child support and spousal support/maintenance (alimony). We have 30 years of experience and dedicate ourselves to providing our clients with the attentive service they need for their critical family law issues.
From negotiating or litigating a workable parenting plan to making sure you receive your fair share of assets, we will take on these important issues so you can focus on moving into the next phase of your life. If you have a prenuptial agreement, we will make sure that your divorce is handled according to the agreed-upon plan.
Although we strive to resolve cases as efficiently and amicably as possible, if an agreement to your satisfaction cannot be reached, we are more than capable of aggressively litigating on your behalf.
Challenges Faced By LGBTQ+ Couples During Divorce
LGBTQ+ couples have the right to marry and divorce, but that does not mean the process is easy. They often face unique challenges and hurdles, and it is important to be aware of these and know what legal steps to take to address them.
Potential Parenting Issues
Issues can sometimes arise when addressing child custody rights. Even if the couple had a child together, only one person may be a biological parent. Has the other person performed a second-parent adoption? If not, how do they defend their right to see their child, even though they are not biologically related?
Additionally, many same-sex couples use surrogacy or other forms of assisted reproduction. While these can be great ways to grow their family, they also lead to legal questions during a divorce. These may relate to child custody rights or other reproductive rights. For instance, if the couple has stored eggs or embryos for assisted reproductive purposes, who has the right to them during the divorce?
Dividing Assets
When it comes to dividing marital assets, things may be straightforward if the couple did not begin acquiring these assets until after they got married.
However, many couples were together before same-sex marriage was legalized. They may have been living together for years or decades, obtaining assets jointly. Since these assets were technically purchased before the marriage, do they count as marital assets or separate assets owned by each person?
There can also be significant questions about retirement assets. If one person is earning a pension, does the other person have a right to a portion of that retirement plan in the future? They may need to use a qualified domestic relations order (QDRO) to officially divide these assets. However, determining a fair percentage can be challenging if the person earning the retirement benefits started accruing them before the marriage – but after the two were in a committed relationship.
Bias And Lack Of Support Systems
Unfortunately, same-sex couples may feel they lack the same support systems during a divorce. For instance, they may experience bias or discrimination from family members or religious communities. This can make navigating the divorce process even more difficult and underscores the importance of having experienced legal counsel during this time.
At Angiuli & Gentile, LLP, we can provide both support and guidance when you need it most.
We’ll Take It From Here
When you hire our firm to handle your family law issues, you can rest your head on your pillow at night knowing that your future is in good hands. Contact us online or call 347-201-4447 today to arrange a consultation with our Staten Island same-sex family law attorneys.
