Same-Sex Divorce Representation

When it comes to marriage and divorce, your sexual orientation does not make a difference. At The Law Office of Castrovinci & Mady, our divorce attorneys have more than 40 years of aggregate experience, and have dedicated our careers to protecting the rights of individuals in Suffolk County and across Long Island during the marriage dissolution process.

As New Yorkers and members of the LGBT community celebrated when Governor Cuomo signed New York's Marriage Equality Act, it opened the door to a whole other world for same-sex couples: Where there is the right to marry, comes the right to divorce.

As compassionate divorce attorneys who stay abreast of current legislative trends and changes, we are intimately familiar with the nuances and intricacies of same-sex divorce. Whether you anticipate a friendly divorce, or are concerned that you will encounter problems with your spouse, we will be your greatest advocates during the divorce process.

You Must First Meet The Legal Requirements

The Marriage Equality Act was signed into law on June 24, 2011, making it legal for same-sex couples to get married for the first time in the state's history. While same-sex divorce has only been in existence for a short while, in the eyes of the law, there is no difference between heterosexual or same-sex divorces.

To obtain a divorce in New York, you or your spouse must have lived in New York continuously for one year. As of October 12, 2012, the state of New York recognized irretrievable breakdown as a ground for divorce; therefore, New York joins many other states in being a "no-fault" divorce state.

To obtain a final judgment of divorce, you and your spouse will need to decide issues over:

  • Child custody
  • Visitation
  • Child support
  • Property division
  • Debt division
  • Spousal maintenance

The majority of divorce settlements are reached with the assistance of each spouse's respective attorneys, and do not require court intervention. If you and your spouse have a contested divorce, then a judge will decide on the contentious issues, and divide the marital property according to New York's laws of equitable distribution.

Contact A Divorce Attorney Today

At The Law Office of Castrovinci & Mady, we understand that same-sex couples face the same issues as heterosexual couples, but their circumstances can still be different. If you are getting a same-sex divorce, we can help navigate you through the process. We are familiar with the legal nuances of same-sex divorce; for example, some of our clients have adopted children, or biological children through a sperm donor or a surrogate, and therefore we know how to protect your rights.

If you are looking for sophisticated legal counsel, we welcome the opportunity to guide you through the divorce process. Contact our office in Smithtown to schedule a complimentary consultation.