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NEW YORK CITY & WESTCHESTER LBGTQ+ DIVORCE ATTORNEY

Caring Representation For Non-Traditional Families

We are proud to serve the LGBTQ+ community with a commitment to being up to date on this rapidly evolving area of the law. Property distribution, child support, child custody and parenting time are handled in the same manner as traditional divorces, but there are some issues that are more common for non-traditional families. If you’re contemplating dissolving your civil union or same-sex marriage, it’s important to hire a New York City LGBTQ+ divorce attorney with experience in this area.

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The Length of LGBTQ+ Marriages

Since same sex marriage has only been available in New York since 2011, most marriages are relatively short. One of the main factors that New York courts consider for equitable distribution of property is the length of the marriage and property that was purchased by the couple before they were legally married may not be considered marital property. This issue also comes into play when calculating spousal support which is also determined by the length of the marriage. The New York City LGBTQ+ attorneys at GourariLaw are experienced with using proof of your long relationship to ensure that you receive what you’re entitled to even if your marriage is short.

Child Custody and Parenting

If you’re the co-parent of a child that’s not biological yours, the courts are likely to award custody to your spouse, especially if you have not formally adopted your child.  However, in the same-sex relationship, courts do not distinguish between a biological and non-biological child.  A surrogate agreement may come into play in determining certain rights of the parties.  Introducing evidence of the time you’ve spent with your child and the parenting responsibilities you’ve taken on during the marriage can help you achieve the parenting rights that you deserve. Even if your spouse is awarded custody, you may be entitled to ample amounts of parenting time and a voice in decisions about your child’s health, education, and religious upbringing. You can count on GourariLaw to on the forefront of issues that impact the LBGTQ+ community including civil unions and marriages with transgender and non-binary individuals.