Common Challenges Greece, NY Couples Face in a Same-Sex Divorce (2024)

Same-sex marriage has been a constitutionally protected right since 2015, and many states protected same-sex unions years before that landmark decision. When going through a divorce, same-sex couples may face unique challenges that require careful consideration from an attorney. If you are preparing to divorce your same-sex partner, you may be wondering about common challenges Greece, NY couples face in a same-sex divorce.

Child Custody Disputes

Same-sex couples often face unique challenges in child custody disputes, especially if one partner is a biological parent and the other is not. When two women divorce, the biological mother to the child may be inclined to see her parental rights superseding those of her soon-to-be ex. The biological father may still be involved in the child’s life, further complicating legal matters.

Non-biological parents often face challenges in obtaining parental rights after a divorce. If the non-biological parent has not legally adopted the child or established parental rights through a co-parenting agreement, they may have limited legal standing.

The courts prioritize the interests of the child. With legal representation, the non-biological parent may be able to demonstrate to the courts that they have a strong connection to the child that should not be severed because the child’s parents are divorcing. Ultimately, the decision may be left to a judge if the divorcing parents cannot agree on a parenting plan that protects visitation rights for both parents.

Common Law Marriages

Before same-sex marriage was protected by the U.S. Constitution in 2015, many same-sex couples entered into common law marriages, civil unions, or domestic partnerships in states that provided those options to same-sex marriages. Each type of union may have similarities to marriage in New York and distinct differences.

While many couples have undertaken traditional marriages since 2015, some couples may still live together under a pre-2015 living arrangement. This can create unique complexities for same-sex couples seeking a divorce in New York, where common-law marriages are not recognized.

Social Stigma and Bias

Despite legal recognition, societal stigma around same-sex relationships can still affect divorce proceedings. Judges or mediators may have unconscious biases that influence their decisions, impacting custody, asset division, or spousal maintenance. This challenge underscores the importance of having a skilled lawyer who understands the nuances of LGBTQ+ issues and advocates for fair treatment.

Legal Protections and Rights

While same-sex marriage is legal in New York, some couples may encounter hurdles related to legal protections and rights during divorce. Issues such as spousal maintenance, tax implications, and retirement benefits can be complicated.

Knowledge of current laws and precedents is essential for upholding rights, which may require additional legal support. Importantly, gay men and lesbian women have the same legal rights as heterosexual couples, and employers and courts are obligated to uphold these rights without discrimination.

Any attempt to undermine these protections is not only unjust but also a violation of the law. You can reduce the chances that you experience discrimination at any point during your same-sex divorce by working with a law firm that has a track record of protecting the rights of LGBTQ clients during a divorce.

Emotional and Mental Health Considerations

Divorce can be emotionally taxing for anyone, but LGBTQ+ individuals may face additional mental health challenges due to societal pressures and stigma. Feelings of isolation or rejection can intensify during the divorce process.

Accessing mental health support and therapy can be vital for navigating these emotional hurdles. One step you can take to protect your mental health is to research which law firms support all New Yorkers, regardless of their sexual orientation. The importance of a compassionate approach throughout the legal proceedings cannot be overstated.

FAQs

Why Is Divorce for Many Same-Sex Couples Currently More Complicated?

Divorce for same-sex couples in New York is often more complicated due to factors like differing state laws on same-sex marriage, especially if the couple was married in a state where it was legalized before national recognition. Issues related to parental rights, such as adoption or biological parent status, can also complicate custody disputes. Additionally, financial entanglements may require unique legal considerations.

How Does Same-Sex Divorce Work?

Same-sex divorce follows similar legal processes as heterosexual divorce, including grounds for divorce, asset division, and child custody considerations. Legal recognition since Obergefell v. Hodges allows same-sex couples equal rights.

It’s important to consult an attorney familiar with LGBTQ+ issues to navigate state-specific laws effectively. When it comes to certain aspects of a divorce, especially when children are involved, same-sex divorces may have unique considerations for the courts to weigh.

What Is the No. 1 Reason Married Couples Divorce?

The No. 1 reason married couples divorce is often cited as communication breakdown. Poor communication can lead to unresolved conflicts, misunderstandings, and emotional disconnection, which strains the relationship over time.

This lack of effective communication is frequently linked to other issues like financial stress, infidelity, or differing life goals, ultimately contributing to the decision to divorce. Ultimately, the same factors that lead to breakdowns in heterosexual marriages can cause same-sex couples to divorce.

Which Sex Has the Highest Divorce Rate?

Divorce rates are generally influenced by various factors, but studies indicate that women are more likely to initiate divorce compared to men. Nearly 70% of divorces in the U.S. are filed by women. However, divorce rates are complex and influenced by individual circumstances, making it difficult to attribute higher divorce rates solely to one sex.

Schedule Your Same-Sex Divorce Consultation Today

While there are many aspects of same-sex divorce that are shared with hetero couples, there are still unique considerations that require the legal help of an attorney who understands the needs of same-sex couples. At Trotto Law Firm, P.C., our attorneys have a reputation for handling these types of cases with compassion and care.

We understand that the LGBTQ community has historically been stigmatized, which is why we are committed to providing uncompromising legal representation to all of our clients, regardless of their sexual orientation. To schedule your same-sex divorce consultation, contact our office today.