How To Lose A Guy In 15 Days- Exclusive Occupancy in Same Sex Divorce Proceedings

by | Jul 16, 2017 | Divorce

A Personal Note

“There have been a few pinnacle times throughout the United States judicial system when legislation has been passed that has dramatically freed an oppressed group of people, and the New York City Marriage Equality Act passed on June 24, 2011 is one of those. I am both excited and honored to represent same sex couples and their unique legal needs. To learn more about my firms Sam Sex Family & Matrimonial practice click the link”.

How To Lose a Guy in 15 Days- Exclusive Occupancy In Same Sex Divorce Proceedings

By: Mia Poppe

“This is not the precedent that I want to set for my community,” stated my client, Dan Ragone (@danragone), the “monied” spouse in a same sex divorce.  Honorable Laura Drager of the New York County Supreme Court replied, “You’re not the first.”

In this same sex divorce action, Mia Poppe, Esq. (@miapoppe_esq), of Poppe & Associates successfully obtained exclusive occupancy of the marital residence in 15 days.[1]

Less than six years after New York’s passing of The Marriage Equality Act, same sex couples are divorcing and facing the same issues as traditional couples.  One of the more commonly faced issues is Exclusive occupancy. Exclusive occupancy (See: Exclusive Occupancy Defined) is a tough and critical part of divorce.

Under New York State law, you can’t lock your spouse out, or otherwise prevent him or her from residing in the home. The two tried and true pathways to getting exclusive occupancy are (1) domestic strife or violence, and (2) the establishment of an alternate residence. (Factors Considered in Exclusive Use and OccupancyDomestic Strife or Violence in Exclusive Occupancy and Alternative Residence in Exclusive Occupancy).

In sum, many couples, for economic reasons, are forced to live together during the entire pendency of their divorce proceedings.  In New York, Kings, Queens, or Bronx counties, this likely means living together for 18 months or more, while waiting for either a judge’s signature on a judgment of divorce, or your spouse’s signature on a settlement agreement containing a move-out provision.

Four (4) Steps towards exclusive occupancy in a same sex divorce:

(1) Hire a qualified matrimonial lawyer, with experience in same sex divorces.

(2) Avoid domestic strife or even the appearance of domestic strife.

(3) Understand that settlement means that both parties are settling for less than what they deserve.

(4) If you are the “monied” spouse, be willing to offer payment in exchange for a quick vacancy by your spouse.

Mia Poppe, Esq., and The Law Firm of Poppe & Associates are able to assist you in addressing the specific issues involved in your same sex divorce matter or gay marriage and nuptial agreements.  Please contact the Firm to schedule a complimentary consultation to discuss your same sex divorce issues.