Same-Sex Divorces in New York State: What You Need to Know

Since marriage equality became the law of the land in New York in 2011, and nationwide in 2015, same-sex couples have enjoyed the same right to marry as opposite-sex couples. With that right comes the equal right to divorce. If you're considering ending your same-sex marriage in New York State, understanding the legal landscape can help you navigate this difficult time with greater confidence. In this post, a Syracuse divorce attorney explains what you need to know.

The Legal Framework: Equal Treatment Under the Law

New York State does not distinguish between same-sex and opposite-sex marriages when it comes to divorce proceedings. The same laws, procedures, and requirements apply to all married couples, regardless of gender. This means that same-sex couples have access to the full range of divorce options available in New York, including contested and uncontested divorces, mediation, and collaborative divorce. The grounds for divorce are identical for all couples. New York is a no-fault divorce state, which means you can obtain a divorce by asserting that the marriage has been irretrievably broken for at least six months.

Residency Requirements

To file for divorce in New York State, at least one spouse must meet the residency requirements. Generally, either you or your spouse must have lived in New York continuously for at least two years before filing, or one year if you married in New York, lived in New York as a married couple, or if the grounds for divorce occurred in New York.

Unique Considerations for Same-Sex Couples

While the law treats all divorces equally, same-sex couples may face some unique practical considerations:

Marriage Date vs. Relationship Length: Many same-sex couples were in committed relationships long before they could legally marry. While New York courts generally only recognize the legal marriage date for purposes of calculating the duration of marriage, the length of your relationship may be relevant in certain equitable distribution or support considerations, particularly if you commingled finances or made joint purchases before marriage.

Parentage and Custody Issues: If you have children, establishing legal parentage is crucial. If both spouses are listed on the birth certificate or have legally adopted the child, parental rights are clear. However, if only one spouse is the biological or adoptive parent, the non-biological parent may need to establish their parental rights. This is particularly important for couples who had children before marriage equality.

Prior Domestic Partnerships or Civil Unions: If you entered into a domestic partnership or civil union in another state before marrying, you may need to address the status of that earlier legal relationship during your divorce proceedings.

Division of Property and Assets

New York is an equitable distribution state, meaning marital property is divided fairly, though not necessarily equally. Marital property includes assets and debts acquired during the marriage, regardless of whose name they're in. Separate property, which you owned before marriage or received as a gift or inheritance, typically remains yours.

For same-sex couples who lived together before they could legally marry, demonstrating what constitutes separate versus marital property can require careful documentation. If you purchased property together before marriage, its treatment in divorce may depend on how it was titled and whether you had any cohabitation agreements.

Spousal Support and Maintenance

Same-sex spouses have the same rights to seek spousal maintenance (formerly called alimony) as any other married couple. The court considers factors such as the length of the marriage, each spouse's income and earning capacity, age, health, and contributions to the marriage. The standard calculation for temporary maintenance applies equally to all couples.

Child Custody and Support

Child custody and support determinations are made based on the best interests of the child, regardless of the parents' gender or sexual orientation. Both legal parents have equal rights to seek custody or visitation. If there are questions about legal parentage, these should be resolved as early as possible in the divorce process. New York uses the Child Support Standards Act to calculate child support obligations, which applies uniformly to all parents. The non-custodial parent typically pays support to the custodial parent based on a percentage of their combined incomes.

Contact a Syracuse Divorce Attorney Today

Divorce is never easy, regardless of who you are. If you're considering ending your same-sex marriage in New York State, know that you have the same legal rights and protections as any other married couple. With knowledgeable legal guidance and a clear understanding of your options, you can navigate this transition and begin the next chapter of your life. Contact our office today for a free confidential consultation with an experienced Syracuse divorce attorney.

For more details on the divorce process please visit our Divorce and Frequently Asked Questions pages

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.