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Same-Sex Divorce in New York
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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. Online Divorce does not sell blank forms. You may be able to download blank forms from a government website depending on your state.
File for same-sex divorce with Online Divorce
- The hourly fee of an attorney often exceeds the court's filing fee
- Any extra service has to be paid and takes time depending on how busy your attorney is
- Lawyers fill out county divorce forms by hand so it takes more time and more money out of your pocket
- Any lawyer can make a mistake in certain county divorce documents
- Completing county divorce papers usually takes a week or more
- Free on-demand support isn't available
- One-time flat fee
- Outstanding free customer support 24/7
- Download your completed divorce documents from your personal account in PDF-format
- All the documents are 100% accurate
- The documents are ready within 1-2 days
- Personalized approach to every divorce case
- The information about county filing fees is not accurate
- Additional hidden fees are charged increasing the total cost of an uncontested divorce in
- divorce forms preparation may take weeks
- Customer support during business hours, quality varies
- The instructions for filing for divorce in may be confusing and hard-to-follow
- The county court may not approve the forms as they may be outdated or contain mistakes
Same-Sex Divorce in New York
Nowadays, same-sex couples have absolutely equal rights with heterosexual couples both to marriage and to divorce.
Gay or lesbian divorce in New York is governed by the state Family Law, and based on the same rules and requires the same forms and documents as any other dissolution of the marriage. Same-sex couples no longer have to divorce in the same state where they were married - they file for divorce where either spouse currently resides. Divorce laws and filing rules vary from state to state. However, their principal regulations within each state do not depend on either spouse's gender or sexual orientation.
Same-sex divorce papers in New York are the same as for any divorce case within the state. The main of them are - petition for divorce, summons, divorce decree, etc.
Just like with any divorce process, a same-sex uncontested divorce has much more chances of being more straightforward and cheaper than a contested case.
And just like with any New York divorce, the most complicated cases to consider are same-sex divorce with children, and property distribution matters - especially for same-sex spouses who were together before their union became legal.
Many gays or lesbians who started to live with their partners like a family and had children before having a legally recognized relationship, hardly could adopt a spouse's biological children. This fact can cause a lot of difficulties in the divorce process.
While in heterosexual marriages, any child born during the marriage is presumed to consider as both spouses' child, in same-sex cases the outcomes of custody thing may vary depending on the state.
The US courts handle all custody arrangements on a case by case basis, so it is hard to predict how this or that jurisdiction or court will handle custody in a particular case. Often, if one of the parents never legally adopted the child, the judge does not award any parental rights to the non-biological parent. However, if both parents do not mind to share parental rights and liabilities in this or that way, the court typically considers the case following the same factors as in case of heterosexual divorce.
Anyway, when it comes to child custody and visitation, it is better for any US divorcing parent to keep a smooth relationship with their ex and arrange a peaceful divorce. In some cases, this allows applying for divorce without a lawyer or even to arrange a do-it-yourself divorce.
If spouses are ready to negotiate and create their parental plan (maybe using affordable mediation services to make their best settling these issues), the court usually welcomes and approves such initiative. Also, they may get legal counseling over the Internet, which is usually cheaper than hiring an attorney for a particular issue. And finally, if a divorce case is uncontested, a same-sex couple may as well resort to OnlineDivorce.com to ease a document preparation process and get all the needed paperwork online for an inexpensive cost.
Another frequently asked question relates to the division of property.
For those same-sex couples who were married after same-sex marriage has been legalized, the rules are the same as for everyone else. Those who started to acquire common property yet before legal recognition of their union may face several difficulties.
Any property acquired before a legal marriage is by default determined as a separate property of the spouse who bought it. Often, the second spouse cannot claim his or her share even in those states where the separate property may be subject to division.
However, many courts now admit that the problem is in past discriminatory laws which prevented from registering the property as marital. So, considering each same-sex divorce in New York separately, judges may split the value of "marital" assets.
In general, property distribution is more often based on a judge's discretion and state-specific rules in both heterosexual and same-sex divorce.
The most likely solution that can help predict a judge’s decision on a property is to draw up your own settlement agreement or have a prenuptial agreement in advance.
Same Sex Divorce in New York: Frequently Asked Questions
Can I get a Same-Sex Divorce in New York?
All US jurisdictions recognize same-sex marriage and same-sex divorce, and New York is not an exception. Any divorce within the USA occurs on common grounds regardless of gender or sexual orientation of the spouses. All the decisions which are left by the state law to the judge’s discretion (more often, they are custody, alimony, property division issues) must be made unbiased. The judge must put all divorcing couples on an equal footing.
How to File for Same-Sex Divorce in New York?
To get a same-sex divorce in New York, the spouses have to make all the same steps as heterosexual couples. We consider the spouse who initiates a divorce a plaintiff. He or she files a divorce petition with the court and provides the second spouse (defendant) with the required copies of the documents. The complexity of any same-sex divorce in New York depends on whether the spouses have a contested or uncontested divorce. If they can to settle all their difference out-of-court, there is no need to contest the case. They can probably get a much more straightforward, fast, and cheap divorce. For instance, they can arrange a same-sex DIY divorce or use mediation services to settle their custody and property disputes if any. As for drafting the paperwork, OnlineDivorce may be a great support for a same-sex uncontested divorce too. Paperwork is one of the most important parts of a relatively simple uncontested divorce. So, seeking some help is justified if the spouses want to ensure that all forms are completed correctly and on time.
How to Get a Cheap Same-Sex Divorce in New York?
Although each case is unique, typically, cheap same-sex divorce in New York means uncontested same-sex divorce. Contesting a case most often entails lengthy litigation and expensive lawyer’s services, while they may handle uncontested divorce without a lawyer, or even as a do-it-yourself process.
Those couples who doubt whether they can manage a divorce process on their own may resort to affordable help in certain steps of their dissolution.
For instance, OnlineDivorce.com collects and fills out the required divorce paperwork for a particular divorce case, and the spouses may quickly get completed forms and documents over the Internet. There is no need to delve into bureaucracy issues and sort out the tones of papers - what is the most stressful part of some divorce cases.
Where to Get Same-Sex Divorce Papers in New York?
Same-sex divorce in New York requires the same forms and papers as heterosexual divorce. The forms which are needed in each particular case depend on the unique circumstances of the case. The basic divorce papers set which appears in any divorce includes divorce petition, summons, divorce decree, etc.
In New York, the divorcing spouses may get divorce papers either in the clerk’s office and courthouse or online. New York government website provides some divorce forms online. However, if the plaintiff needs some extra forms or his/her county requires some other sample of the same papers, OnlineDivorce.com can be a great solution. OnlineDivorce.com provides divorce paperwork over the internet, gathering and filling out the forms according to the details of a particular case and local regulations of the couple’s place of residence. This reputable service is quick and affordable, so it can be an excellent support with an uncontested same-sex divorce in New York.