Contact An Experienced New York Attorney For Guidance In Same-Sex Divorce
If you are in a same-sex marriage and are contemplating a divorce, please consider The Law Firm of Poppe & Associates, PLLC, for the following reasons:
- Kamelia “Mia” Poppe, Esq., has represented many clients in same-sex divorces. She understands the key distinctions that often arise in same-sex divorces.
- She understands the custody implications that may arise in same-sex divorces, given that only one parent may be the biological parent.
Below are a number of pertinent issues that you may need to discuss with a qualified attorney:
- Portability of marital rights and protections to other states and countries
- Adoption of children of the marriage by the nonbiological same-sex parent
- Recognition by the federal government
- Tax implications
- Long-term care options
- Estate planning and ancillary probate issues from other states sometimes intersect with probate in New York (probating a will upon the death of one of the parties).
Poppe & Associates is a valuable source of information and advocacy for you as you address those or similar issues.
Is Same-Sex Divorce Different From Opposite-Sex Divorce In New York?
In New York, same-sex couples have the same legal rights and protections as opposite-sex couples, including the ability to divorce. The state’s divorce process applies equally to all married couples, without distinction based on sexual orientation. However, while the legal framework is identical, same-sex couples may experience different concerns during divorce proceedings.
One consideration is the relatively recent legalization of same-sex marriage in 2011. Many same-sex couples lived together and shared assets or debts long before they could legally marry. During a divorce, this shared history can present challenges when dividing property. This is because courts may need to address the financial arrangements made before the marriage was legally recognized. An experienced divorce attorney like Kamelia “Mia” Poppe can help ensure these complexities are carefully accounted for when determining equitable distribution.
Although discrimination based on sexual orientation is illegal in New York, it remains a potential source of concern in some cases. Discrimination could occur at various stages of the divorce process, whether in court proceedings or interactions with third parties involved such as appraisers or financial professionals.
It is important to have an attorney who understands the legal protections in place and knows how to take swift action if discrimination arises. Mia can help uphold your rights and appropriately address any biases.
How Is Alimony Determined In A Same-Sex Divorce?
In New York, the rules governing alimony or spousal maintenance are the same for same-sex couples as they are for opposite-sex couples. The law’s design is neutral and does not consider the gender or sexual orientation of the persons involved. Instead, the court evaluates several factors to determine whether alimony is appropriate and, if so, the amount and duration.
These factors include the income and property of each spouse, the duration of the marriage, the age and health of both parties, and their respective contributions to the marriage. For same-sex couples, the process is no different, and there is no gender bias inherent in how the law is applied.
When Elder Law Or Estate Law Are Also Of Concern
In addition to same-sex family law concerns, Mia also works with professionals in the areas of tax law and long-term care insurance when advising clients on long-term care decisions and estate planning.
Discuss all your concerns with Mia and discover for yourself how thorough and compassionate she is, as well as knowledgeable in divorce law.
Call 646-665-3903 or send an email inquiry to arrange a free initial consultation with a qualified New York City divorce attorney with experience in same-sex divorce, custody and related legal matters.