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Manhattan Gay & LGBT Family Law Attorneys

August 7, 2018

Just as everyone should have the right to marry regardless of sexual orientation, getting a divorce should be just as feasible for same-sex couples. Oftentimes, same-sex couples do encounter special circumstances when pursuing a divorce. It is important to have the assistance of a knowledgeable divorce attorney that thoroughly understands marriage laws as it relates to same-sex couples.

LGBT family law attorneys understand that same-sex couples face some special challenges as it relates to the divorce process. Although the ruling for same-sex marriage is national, dissolution of a marriage is handled at the state level. This can pose some issues in terms of how the marriage is dissolved. In some states, same-sex couples that had civil unions prior to marriage have to dissolve both the civil union and the marriage to complete the divorce proceedings.

This is just one instance where it is important to have the assistance of a quality, well-informed LGBT family law attorney. Many lay people are not familiar with the state laws associated with divorce especially as it relates to same-sex unions. Without the proper understanding and guidance, getting a divorce may be difficult for those in a same-sex marriage.

Other issues associated with divorce such as child custody is also an area where it is important to have the guidance of a well-informed, reputable LGBT law attorney. Same-sex couples that bear children within the marriage often encounter special concerns as it relates to child custody especially as it relates to the non-biological parent. To ensure the overall well-being of the children and the parental rights of each adult, it is most beneficial for those seeking to dissolve a same-sex marriage to employ the assistance of lawyers that understand the unique circumstances as it relates to child custody and parental rights within a same-sex marriage.

Alimony, also known as spousal support, is an additional area where a quality attorney that understands same-sex marriages is important. When determining the need and length of time spousal support is necessary, the courts often look at how long a couple were together. The discrepancies begin when determining exactly when the union begin. Since the legalization of same-sex marriage is fairly recent, same-sex couples that have been together many years prior to getting legally married often face discrepancies when determining the legitimacy of the length of their union. This obviously impacts divorce proceedings specifically as it relates to alimony and the division of property and assets.

Because divorce proceedings are handled at the state level, it is imperative to have a lawyer that understands state laws as it relates to marriage and divorce specifically for same-sex couples. While same-sex marriages are now nationally recognized, the issue of how to handle the dissolution of same-sex marriages is something that is important for all parties to understand to ensure that everyone has fair discourse when seeking a divorce.
With the assistance of lawyers that understand and specialize in gay and LGBT marriage and divorce, people are in a better position to understand the already complicated divorce process as is specifically relates to people that are just recently receiving the legal rights to marry in the United States. As with any divorce, it is important that same-sex couples are granted the same legal discourse available to anyone else. It is for this reason that lawyers knowledgeable about same-sex marriage and divorce are a huge asset.

Whenever there is a monumental change in law such as same-sex marriage, there is always a need for legal professionals that understand the many issues that come with such changes. With same-sex marriage, it is important to have the assistance of lawyers that can bridge the gap between nationally accepted marriage for everyone and the varying differences in divorce for same-sex couples as relegated by the states. This ensures that everyone not only has the right to marry as they choose but to also divorce and receive legal benefits and protections under the law.

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