White Plains Lawyer Helps Same-Sex Couples Divorce

New York matrimonial laws apply to everyone

Since July 2011, same-sex couples could marry and divorce in New York under the same laws that have long applied to opposite-sex couples. If same-sex spouses were married in another state but presently live here, New York recognizes the marriage and allows the couple to divorce in New York so long as they meet the residency requirements. Lauren B. Abramson, Esq. handles same-sex divorces with compassion and personal attention.

Can same-sex couples married here get divorced elsewhere?

After New York’s Marriage Equality Act took effect in July 2011, same-sex couples from all over the nation traveled here to fulfill their dream of marriage, and returned to their home states. Those whose marriages didn’t work out now find that they can’t get divorced in New York without meeting the residency requirements, and they can’t get divorced in their home state because it doesn’t recognize same-sex marriage (Only three states — Arizona, New Mexico and Wyoming — don’t allow same-sex marriages but do allow same-sex divorces).

To get divorced in New York, you must meet one of the following residency requirements:

  • You were married in New York, and either you or your spouse has been a resident of New York for one year before the start of the divorce action.
  • You were married outside New York, but either you or your spouse has been a resident of New York for two years before the start of the divorce action.
  • You lived in New York as a married couple, and either you or your spouse has been a resident of New York for one year before the start of the divorce action.
  • The grounds for your divorce occurred in New York, and either you or your spouse has been a resident of New York for one year before the start of the divorce action.
  • The grounds for your divorce occurred in New York, and both you and your spouse currently live in New York.

The law offices of Lauren B. Abramson advises same-sex couples on the full range of matrimonial issues, from prenuptial and postnuptial agreements to divorce.

What types of divorce are available in New York?

There are two main types of divorces in New York:

  • Uncontested divorce: A couple must agree on the grounds for the divorce and reach a settlement agreement that addresses property division, child custody, child support and alimony. The settlement can be based on the terms of a premarital or postmarital agreement, if you have one.
  • Contested divorce: When a divorce is challenged by one of the spouses, the process takes much longer. However, the couple may reach a settlement agreement at any point during the process without having to go to trial.

Contact our Westchester County attorney about same-sex divorce

Lauren B. Abramson, Esq. offers compassionate counsel to clients in all types of marriages. Call us today at 914-908-6829 or contact us online to schedule an initial consultation. We serve individuals and families throughout Westchester and Putnam counties, including White Plains, Harrison, New Rochelle, Bedford, Armonk, Bronxville, Larchmont, Mamaroneck, Somers, Croton-on-Hudson, Carmel, Peekskill and Rye.