The procedure for same-sex divorce in New York is identical to the traditional divorce procedure. If you either entered into a same-sex marriage in New York or entered into a same-sex marriage in another state but are a resident of New York, you are qualified to file for divorce in New York.
Most same-sex couples divorce in New York due to irreconcilable differences. However, there are more severe grounds for divorce in which one spouse is at fault for the dissolution of the marriage. Some of these reasons include infidelity, domestic violence, emotional or verbal abuse, long-term abandonment, or long-term incarceration.
If you plan to file for a same-sex divorce due to irreconcilable differences, you and your spouse must have lived separately for at least one year prior to the date of filing. You also need to have a legal separation agreement.
If you are alleging one spouse is at fault for the divorce, then there is no waiting period, provided you can prove that the spouse is at fault. For instance, you must prove that the spouse physically abused you.
In addition, all same-sex couples must meet at least one of the following conditions in order to be eligible to file for a same-sex divorce in New York:
If you meet one of the above conditions, you may file for a same-sex divorce. There are two types of divorce: contested divorce and uncontested divorce. A couple may file for a same-sex uncontested divorce when there is no marital property or child support/child custody issues for the court to handle. This may be because no marital property or children exist, or this may be because the couple entered into a marital property agreement or child custody and support agreement.
A couple may file for a same-sex contested divorce when one spouse alleges the other is at fault or if there are unresolved issues related to the children or marital property.
While same-sex divorce is identical under New York law to traditional divorce, this does not mean it is an easy process. Divorce in general is incredibly complex, and divorce litigation can be lengthy and emotionally exhausting. If you are interested in filing for a same-sex divorce in New York, you need to discuss your case with a divorce lawyer. A New York divorce lawyer can advise you on New York divorce law, evaluate your options, and help you protect your interests in your property and children.
Last Modified: 05-12-2015 09:46 AM PDTLaw Library Disclaimer
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