Same-sex Divorce Lawyer New York, NY
Same-sex Divorce Lawyer New York, NY
New York State recognizes same-sex marriages entered in both this state and other states. As long as the same-sex couple lives in New York and meets the residency requirements for divorce in the Empire State, they may obtain a divorce. Legally, same-sex and heterosexual divorces have mostly the same concerns. However, a same-sex divorce case may have emotional complications that heterosexual divorces don’t have, including the potential of censure from family, friends, or those in the LGBT community. A sensitive, compassionate New York, NY, same-sex divorce lawyer from the Law Office of Daniel Clement can guide you through the unique challenges of ending your marriage.
What Makes A New York Same-Sex Divorce Lawyer The Best Option For Me?
New York law views same-sex and heterosexual marriages the same with regard to property division, child custody, support, and visitation, and spousal support. Divorces may be settled out of court, through mediation, or at trial if the spouses cannot compromise.
Ideally, you and your soon-to-be-ex-spouse can settle the divorce out of court and avoid the pain of a trial. Our family law attorneys work with you to find the best solution and protect any children you or your spouse have guardianship of. Unfortunately, when disagreements about the family home, alimony, or child custody arise, the separation becomes more complicated. The divorce can take more time and cost more.
There may be other complications with a same-sex divorce that heterosexual complications may not face.
Challenges In A New York Same-Sex Divorce
Per New York Law, marital assets, debts, and property should be divided equitably. Courts determine an equitable division of assets depending on the marriage’s length. However, some “common law” unions or long-term partnerships between same-sex couples did not have their union legally recognized until the Marriage Equality Act. This means that any assets acquired before your partnership became a legal marriage may not be considered marital property.
If the couple shares benefits from property, but it’s held in just one spouse’s name, then dividing it can be more complicated. Or, your spouse may refuse to share an asset that’s in their name alone. Property division in these cases can get extremely complicated and may need services from a forensic accountant.
Another consideration could be child custody. If only one parent is the child’s legal guardian or biological parent, the other spouse may have difficulty asserting parental rights. We consider all these issues when helping you negotiate a divorce settlement.
Do You Need Divorce Representation?
If you and your spouse have reached the point where the marriage is untenable, divorce may be the best thing for both of you. Even if you are the initiating spouse, divorce is a painful, stressful time in your life. Our New York same-sex divorce lawyers can make sure that your interests are protected as you divide property and child custody. We help you through this emotional time and focus on the future, ensuring that you get what you’re entitled to so you can rebuild and move on from this relationship. Call the Law Office of Daniel Clement today for a confidential consultation.
What Our Clients Say
Very knowledgeable. Daniel made things much easier in my custody case. He helped me to prepare and with his recommendation we avoided going thru the pain of a trial.
Thanks a lot Daniel!
– Felipe R.
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New York, New York 10016
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“Daniel is a highly skilled professional whose experience and emotional support were key enable me navigate and successfully go through what can be a challenging and stressful process at times. I am very grateful for his prompt responsiveness always, his commitment to protecting my interests and efficiency at getting my divorce finalized. I definitely recommend.”
Thomas Sczyrba
YOUR ATTORNEY
Daniel Clement
The Law Offices of Daniel E. Clement
Daniel Clement graduated from Brooklyn Law School and the State University of New York at Albany. With over 35 years of experience, he has been a member of the New York City Bar Association and the Matrimonial Committee. In addition, he has worked as an Arbitrator in the Small Claims Court of the City of New York.
Known for his straightforward yet savvy approach to law, he specializes in multiple areas of family law including divorce, how to protect assets in a divorce, child custody, prenuptial agreements, property division, maintenance/alimony, and high net worth divorce. Clients hire Daniel for the personal attention, hard work, street smarts, and excellent value he brings to each case.
An accomplished attorney, Daniel also lectures and writes for various publications, including a blog entitled the “New York Divorce Report” and has co-authored the book, “Onward and Upward: Guide to Getting Through New York Divorce and Family Law.”
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