If You’re Facing The End Of Your Same Sex Marriage, Seek Counsel From A Same Sex Family Lawyer

by | Jun 22, 2016 | Attorneys

Same-sex marriages can be faced with even more challenges than traditional marriages. Every marriage begins with the feeling that this love will last forever, especially a same-sex couple who eagerly awaited the right to have their union legally recognized. Unfortunately, it’s very difficult to make any relationship work, and there can be a breakdown of the family. All divorces are complicated and draining experiences.

If it appears that a separation is imminent, it’s advisable to seek specialized counsel from a Same Sex Family Lawyer. Over the years, the right of same-sex couples to marry received and continues to receive considerable discussion and legal action. Problems associated with same-sex divorce have received far less attention. The same divorce laws apply in New York to all legally married couples.

The federal government also recognizes legal same-sex marriages, but eligibility rules for benefits vary among federal agencies and can complicate divorces. The granting of Social Security benefits under the spouse’s work record, for example, applies in a recognition state like New York, but not in non-recognition states.


If the couple was legally married in New York (or another state or country) and both parties live in New York, they can be legally divorced in New York. The residency requirement is one year or more.

Grounds for Divorce

Most divorces in New York are no-fault, meaning the marriage has been irretrievably broken down for at least six months. The couple does not have to have been separated during that six month period.

Divorces for fault can be obtained under the following grounds:

  • Cruel and inhumane treatment
  • Abandonment for a period exceeding one year
  • Imprisonment of the spouse for longer than three years

Issues That Must be Resolved Before the Divorce Becomes Final

All divorcing couples must either resolve the following issues or have the court impose a solution.

  • Marital property must be divided equitably.
  • Spousal support can be waived or an agreement must be reached on payment.
  • Child support, custody, and visitation are often the most difficult issues.

At The Law Offices of Elan Wurtzel, a Same Sex Family Lawyer will provide the specialized counsel needed during this very difficult time. They are particularly focused on helping their clients find long-term, stable custody and visitation solutions that work for the child and both parents. For non-judgmental and compassionate representation, schedule an appointment with an experienced attorney.

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