Suffolk Family Lawyer

Is There A Different Process For Same-Sex Couples Divorce?

New York passed the Marriage Equality Act in June of 2011 and legalized same-sex marriage. Marriage equality laws gave same-sex couples the right to marry and also gave them the right to divorce. You may be wondering if divorce for same-sex couples is the same for different-sex couples. In New York, there is no separate category for divorce. At Simonetti & Associates, our Suffolk family lawyer makes no distinction between traditional couples and same-sex couples. We provide all married couples with the same affordable and reliable divorce services. 

Suffolk Family Lawyer

The decision to legalize same-sex marriage was life-changing for many people. From a legal standpoint, this meant that married couples could benefit from tax exemptions, their spouses, health care plan, and other protections offered to heterosexual couples. As previously mentioned, same-sex divorces follow the same procedure as heterosexual divorces. Both no-fault and at-fault divorces are recognized in New York. While there can always be complications during a divorce, the issues that arise in heterosexual divorce are virtually the same in a same-sex divorce. Our Suffolk family lawyer knows how to protect you and is dedicated to fighting for your rights. Here are some areas where we offer advice and representation:


Custody is often one of the most contentious aspects of a divorce. If you and your ex spouse adopted a child during your marriage, a custody decision has to be made. Each parent can potentially be awarded joint custody, or one parent may be awarded sole custody of the child. The decision will be made by the judge based on the best interests of the child.

Division of Assets

You will need to prepare to divide your assets during your divorce. New York State follows the rule of equitable distribution, meaning that the court will oversee a fair division of marital property. Our team will build a case to support your rights and help you achieve a favorable outcome. 

Prenuptial and Postnuptial Agreements

Pre and postnuptial agreements provide invaluable protection in the event of a divorce. While these agreements can help any divorce go more smoothly, they are particularly crucial in same-sex divorces. Our skilled Suffolk family lawyer can help you determine if these agreements are appropriate for you and your future. 

Contact Our Suffolk Family Lawyer

At Simonetti & Associates, we handle same-sex divorces the same as different-sex ones. If you are considering divorce and are looking to move forward with your life, do not hesitate to contact our Suffolk family lawyer today. 

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