Same Sex Divorce

Same Sex Divorce

By J. Douglas Barics
Nassau and Suffolk Divorce Lawyer

Same sex divorces may present several non typical legal issues which may not be apparent at first, and the answers to them are found in areas of the law which are closely related to matrimonial law.

New York recognized same sex marriages in 2011 with the Marital Equality Act, (the "MEA") found in Domestic Relations Law Section 10-A. For same sex couples who met and got married after the date the MEA went into effect, the financial issues of a divorce is handled the same way as a heterosexual divorce.

The issues become challenging when a same sex couple became married prior to the MEA or used other work-arounds the ban on same sex marriage. Couples would  enter into religious ceremonies despite the right to marriage not being recognized at the time. The courts have addressed this issue, and have said that despite the ban on same sex marriage prior to 2011, a religious ceremony would be recognized as a marriage since the ban was later held to be unconstitutional.

In addition, other legal options are more common in same sex marriages such as partitions and constructive trusts. Both of these options are commonly used to resolve legal disputes when the parties are not married.

Having a divorce attorney who is well versed in both matrimonial law, the evolving legal area of same sex divorce, and other related areas of law to cover situations that fall outside of divorce law is critical in making sure you have proper representation.

Call for a Free Phone Consultation or to Schedule a Low Cost Office Consultation

If you have have additional questions, contact our office to learn about your legal options for protecting your rights in any type of matter that involves a same sex divorce. To get your free phone consultation or to make an appointment, call (631) 864-2600. Serving clients in Suffolk, Nassau, Queens, Manhattan, Bronx, Westchester. Rockland, Orange and other surrounding counties are accepted on a case by case basis.