Same Sex | LGBT Divorce

On June 26, 2015 the Supreme Court ruled that same-sex couples can marry nationwide. This follows New York’s Marriage Equality Act which was signed into law by Governor Cuomo on June 24, 2011, allowing same-sex couples to marry, legally, in New York state for the first time. At Berger, Fischoff, Shumer, Wexler & Goodman, LLP, we are proud to support these equality milestones and proud to serve the New York city and Long Island LGBT Community. We offer clients our expertise in divorce and family law. Our firm has extensive background establishing prenuptial agreements and domestic partnership agreements for same-sex couples and are proud that our agreements have been deemed proper and binding by the Courts in New York city, Long Island and the surrounding areas.

Domestic Partnership Agreements

A Domestic Partnership is a legal relationship permitted under the laws of the State and City of New York for couples that have a close and committed personal relationship but do not choose to marry. The Domestic Partnership Law recognizes the diversity of family configurations, including lesbian, gay, and other non-traditional couples. A domestic partnership agreement is a document that explains the contractual legal rights and responsibilities of each partner when a couple decides to form a long-term committed relationship.

Same Sex Divorce | LGBT Divorce

Members of the LGBT community now possess rights equal to heterosexual couples. Whether a couple is same-sex or heterosexual, very few couples enter into the vows of marriage expecting that they will, one day, be divorced. However, for some couples, divorce is an unforeseen outcome. If you meet the residency requirements of having legally married or validly entered into a same sex civil union or domestic partnership in New York (or another state) and you currently reside in New York State our dedicated family law and divorce attorneys are equipped to handle your case. We will help you navigate the life altering decisions you will face which may include: support, custody, visitation and the division of marital assets.

When contemplating or proceeding with a divorce from a non-traditional marriage, you and your spouse will have to work out the following matters:

Property and Asset Division
Property and assets acquired before the marriage are considered separate property and will not be included in the division. Property and assets acquired after the marriage are considered marital property and will be divided in accordance with New York’s equitable distribution laws. This does not necessarily mean the property will be divided 50/50.

Child Custody & Visitation
Parents will need to determine who will have custody of the children, whether sole custody or joint custody. Once custody is determined the parents will then need to determine visitation arrangements.

Child Support
Child support is determined via a calculation using a percentage of the parents’ combined income.

Spousal Support
It may be necessary for a spouse to get back on his or her feet after a divorce. Spousal support is only indicated when there is a significant disparity in incomes between the parties. Usually spousal support is awarded in cases where one spouse stayed home to care for the children and did not work for a number of years.

Prenuptial Agreements & Postnuptial Agreements

For people who are planning on getting married and who have acquired significant assets and/or debts in their life prior to marriage, a prenuptial agreement may be a good idea. A prenuptial agreement can help protect those assets that each party owned individually before the marriage while also providing certainty about the future should the marriage end. Similarly, a postnuptial agreement sets the terms regarding equitable distribution, support, custody, etc., in a case in which parties are considering divorce but want to try to salvage the marriage while knowing what their future would hold if the reconciliation should fail.  Our law firm provides prenuptial and postnuptial agreement services to help protect assets, avoid debts and solidify the marital relationship for both heterosexual and LGBT couples planning on marrying or looking to salvage their existing marriage.

Berger, Fischoff, Shumer, Wexler & Goodman, LLP Dedicated To Our Clients

At Berger, Fischoff, Shumer, Wexler & Goodman, LLP, our dedicated team of family law and divorce attorneys are committed to offering comprehensive family law services to same-sex couples. In matters of divorce we have obtained many favorable settlements through negotiation and/or aggressive litigation when it was required. Our extensive experience with divorce proceedings (both contested and uncontested divorce), assures you that the process will be handled properly, the first time, with the attention and compassion to which every client is entitled. We have over 75 years of combined experience and a dedicated family law and divorce team available to assist you. It should be noted that in no case can one attorney represent both spouses. Please contact us for a Free Consultation to discuss how we can help you.