Although it was a triumphant victory when same-sex marriage was legalized in a number of states, marriage equality does not always mean divorce equality. Issues of division of marital estate, custody, and spousal support are obstacles that many same-sex couples experience when they try to get divorced.
For those who don’t live in a state that recognizes same-sex marriage, the only way they can go about getting divorced, legally, is to move to a state that will recognize your marriage. On top of that, you need to live there for at least 6 months, which is usually the minimum for residency requirements. Once you are considered a resident of that state, you may then file for a divorce there.
Prenuptial agreements are often a good idea for any couple, including same-sex couples, because it clearly outlines who owns which assets and, in the event of a divorce, how will the other assets be divided.
Another problematic situation arises when the couple can’t agree on custody. If the child has one non-biological parent, and that biological parent wants custody, it becomes very difficult to contest that because of how the law is interpreted. A good strategy is to have the non-biological parent legally adopt the child when it is born because even if the marriage ends or is not even recognized, the adoption papers would not be contested.
If you are in a same-sex marriage and want to get divorced or if you have questions about child custody, contact a top-rated same-sex divorce attorney in NYC today. Call Paul E Rudder, Esq. at 212-826-9900.