Quatela | Chimeri, PLLCSuffolk County and Nassau County Attorneys
Get the legal guidance you need.
631-482-7211

The unique challenges of LGBT divorce cases

Divorce is a difficult situation for all couples, regardless of sexual orientation. However, LGBT couples face some challenges that are unique to the fact that they are in a same-sex marriage. 

Here are just a few of the most common issues that same-sex couples face when they decide to divorce. If you are in the process of pursuing a same-sex divorce, these issues can be conversation starters for you and your attorney as you navigate the process.

Child custody

In a heterosexual marriage, courts see parental roles divided between a mother and a father, without having to determine which parent takes on which role. However, in same-sex marriages, because there are either two mothers or two fathers, it brings up an issue that is unique to these marriages: determining which of the two is the "primary." This is particularly important if a divorce case goes to court and child custody is at stake. Would being the "other mother" or "other father" - which does not even necessarily mean not the biological mother or father - affect the outcome of a custody decision? This is an important question to discuss with your attorney.

Lawyers who work on same-sex cases

When New York passed the Marriage Equality Act, many attorneys began offering their services tailored specifically to same-sex couples. Not all lawyers, however, understand the unique challenges that same-sex couples face when they decide to divorce. This is where doing a bit of research before hiring the right attorney can make a big difference in the outcome.

Before just choosing any attorney offering his or her services specifically for same-sex couples, check on how much experience the attorney has with these types of cases. Lawyers who have been working with LGBT couples in divorce cases over decades generally have a more detailed and intimate grasp of the complex nature of these cases. That type of experience can be a huge benefit, especially in a high-asset divorce where there is a lot at stake financially.

If you have an attorney who sees your same-sex divorce as "just another case" like all the others, it may be in your best interest to get a second opinion. The unique challenges you face in terms of dividing assets and assigning child custody and visitation, if there are children, call for a higher standard of legal experience.

 

 

No Comments

Leave a comment
Comment Information

Get Answers From A Focused Attorney

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Quatela Chimeri PLLC
888 Veterans Memorial Highway Suite 530
Hauppauge, NY 11788

Phone: 631-482-7211
Fax: 631-482-9707
Hauppauge Law Office Map

Visa MasterCard American Express Discover