Over the years, same-sex couples have fought for the right to enjoy some or all the benefits heterosexual couples would, including the right to marry, adopt, raise kids, receive tax breaks, and share health insurance.
People fought hard for the right they enjoy today. But if they don't reside in a state like New York that recognizes same-sex marriage, they will likely get stuck in bitter wedlock. If you and your spouse were legally married somewhere else, you could still get a divorce in New York as long as you have residency.
In the case of same-sex divorce in New York, it follows the same path as heterosexual couples. It can be accomplished either through uncontested, mediated, or uncontested means. However, for same-sex couples to divorce, they must solve the following issues in their separation agreement:
- Asset distribution
- Child custody
- Debt sharing
- Child support
- Spousal support
- Visitation arrangements
If both parties fail to agree, they can pursue litigation in court. After they have pleaded their case, the judge will make a decision enforceable by law, such as asset distribution and debt distribution.
Valid grounds for same-sex divorce in New York
New York is a no-fault state, which means you don't need to bug the judge with how your partner cheats. Therefore, you don't need any fault-based ground to file a same-sex divorce in New York. As long as either of you has lived in New York for at least one year before the action, you're free.
But before divorce is finalized, spouses must agree on property division, including alimony, child support, parenting time, and so on. Without all these in place, marriage dissolution is impossible.
If you're unhappy in your marriage and think divorce is the right call for you, then, by all means, get a divorce. You don't need a groundbreaking drama to say bye-bye to your significant other.
How long will it take
Just like there's no waiting period for heterosexual divorce, the same also applies to same-sex marriage. It could take a few months to years depending on the marriage's circumstances, especially when the love no longer exists.
What often causes the delay is when couples are yet to agree on asset division, child support, child custody, retirement account division, etc., it will take longer than usual to finalize the divorce.
Work with an experienced New York divorce lawyer
For a smooth divorce process, it is best to work with an experienced divorce attorney who will fight to protect your best interest and help you move on as quickly as possible. If that's what you want, go ahead and call or fill out our contact form to book an appointment.