LGBTQ+ Divorce

LGBTQ+ couples going through divorce in New York may have some specific concerns and questions that are unique to the LGBTQ+ community. While many aspects of the divorce process are the same for everyone, there are also key differences for LGBTQ+ couples.

How  LGBTQ+ Divorce is Different

While LGBTQ+ divorces are similar to other divorces, some distinctions may impact how the divorce process unfolds. These differences may include:

• Parentage and Custody Matters: In LGBTQ+ relationships, parentage can be complex, especially when children are conceived through methods like surrogacy, artificial insemination, or adoption. Determining parental rights can involve additional legal steps if only one parent is the legal or biological parent, and there may be unique considerations around custody and visitation.
• Length of Marriage for Property Division: Some LGBTQ+ couples were together for years before marriage equality became legal. Because New York law recognizes only the years that a couple has been legally married, it may not account for the full duration of their relationship, which could affect property division and alimony considerations.
• Legal Documentation Issues: Certain LGBTQ+ divorces may involve additional documentation if, for example, there were adoptions within the family, co-parenting agreements, or non-biological parental rights that need to be validated in court.
• Financial and Tax Implications: Marriage and tax laws did not always consider LGBTQ+ couples, and as a result, some couples may face unique financial implications, particularly if they combined finances long before they could legally marry.

How LGBTQ+ Divorce is the Same as Other Divorces

For many LGBTQ+ couples, the divorce process in New York will look very similar to that of any other couple. The key similarities include:

• Division of Assets and Debts: New York is an equitable distribution state, meaning that marital property is divided fairly (not necessarily equally). The court will consider factors like each partner’s financial contributions, the length of the marriage, and each spouse's needs and financial future.
• Child Support and Spousal Maintenance: Just like other divorces, courts in New York may order child support or spousal maintenance (alimony). The same factors—such as income, the child’s needs, and the custodial arrangement—apply regardless of sexual orientation.
• Custody Arrangements: The primary consideration in custody decisions is the child’s best interests. Courts assess factors like the child’s relationship with each parent, the parent’s caregiving role, and the child’s stability and needs.
• Legal Procedures: The steps involved in filing for divorce, including filing paperwork, disclosures, and mediation, are the same for LGBTQ+ couples. The process follows the same legal standards as for any other marriage.

Prejudices in the Court System

New York has a progressive stance on LGBTQ+ rights, and family courts are obligated to treat all individuals and families equally under the law. However, you should be aware of potential challenges:

• Implicit Bias: While New York courts work to uphold anti-discrimination protections, implicit biases can still affect outcomes. Some individuals may experience discrimination, particularly in sensitive areas like custody and visitation, which is why it is important to have experienced legal representation.
• Varying Perspectives Among Judges and Jurisdictions: Judges in New York are required to treat LGBTQ+ persons fairly and cannot lawfully discriminate based on sexual orientation or gender identity. However, individual perspectives and interpretations of laws can vary. Your attorney should be knowledgeable and sensitive to LGBTQ+ issues can help guard against any potential bias.
• Changing Legal Landscape: As laws evolve, so does the legal environment around LGBTQ+ rights. Some legal precedents around parentage, for example, are still developing, and it is important to have a legal team that understands these emerging issues.

Contact Vacca Family Law Group

At Vacca Family Law Group, we pride ourselves on being a supportive, inclusive, and knowledgeable legal resource for LGBTQ+ families. We understand the unique challenges that LGBTQ+ couples may face and are dedicated to providing compassionate and professional representation. Our team will work to protect your rights, that any potential biases are addressed, and that the unique circumstances of your family are respected.

If you are considering divorce or have questions about your specific situation, Call us at (646) 798-4603 or contact us online  to schedule your free introductory call. We’re here to guide you through every step of the process, protecting your rights and supporting you with respect, dignity, and understanding.