Long Island Same Sex Divorce Attorney Works to Protect Your Rights
Helping you receive equal treatment under New York divorce laws
When New York passed the Marriage Equality Act in June 24, 2011, same sex marriage became legal in the state. Yet, even before that enactment, our courts had already been processing same sex divorces, because New York had recognized same sex marriages that were lawfully performed in other states. Today, across Long Island and the entire state there is no separate category of same sex divorce; same sex couples dissolve their unions the same way as traditional couples. Likewise, Simonetti & Associates makes no distinctions. We provide the same reliable and affordable divorce services to same sex couples as we do to heterosexual married couples throughout Long Island and Nassau County, NY.
What types of divorce are available to same sex couples?
The types of divorce available in New York include:
- At-fault: In this type of divorce, one party must be able to prove that the other is responsible for the breakdown of the relationship. New York recognizes various grounds for fault, including adultery, abandonment, incarceration and inflicting cruel and inhuman treatment upon a spouse.
- No-fault: A spouse can file for divorce based only on the assertion of an irretrievable breakdown of the marriage of at least six months, meaning there is no hope for reconciliation.
- Uncontested: A divorce is uncontested when both parties (usually with the help of attorneys) reach an agreement on all ancillary issues, such as child custody, spousal and child support, and asset division, and present a signed divorce settlement agreement to the court for approval.
- Contested: In contested divorces, the parties are unable to reach an agreement on all material issues. The couple may mediate the dispute or ask the court to hear the case and determine the terms of the divorce.
- Collaborative: Both parties agree to work cooperatively to settle the issues of their divorce. They work with attorneys who guide them toward a fair outcome. This works for couples who communicate well and want to build a basis for co-parenting effectively after their divorce.
The issues in the dissolution of a same sex marriage are largely the same as with heterosexual couples. The couple must divide marital property and debts and resolve issues of spousal support. If there are children from the marriage, the couple must determine issues of child custody and visitation. A court will consider prenuptial agreements, but you should be aware that if you entered into the agreement in another state, a New York court will interpret the document under New York law, unless your prenup contains a choice of law provision.
Contact a Long Island, NY divorce law firm that provides value for your money and offers free consultations
For more than 30 years, Simonetti & Associates has delivered cost-effective legal representation to clients throughout Long Island and the Nassau County area. If you are currently represented by another lawyer but are dissatisfied with the service you are receiving, we welcome you to make a smooth transition to our firm. For your free initial consultation, call 877-385-2560 or contact us online. At our Woodbury and downtown New York offices, we offer flexible hours and return calls after hours.