Are you preparing to go through a divorce? No matter who you are married to, divorce can be really hard. Since the legalization of same sex marriage in 2011, people have wondered about how same sex divorce works. These are some of the most commonly asked questions clients have when they are preparing for divorce. Our Rochester divorce lawyer would be more than happy to answer all of your questions during a consultation. Call our office today to get started.
How Does Same Sex Divorce Work?
You may wonder if the process for same sex divorce is different than that of heterosexual divorces. There was once a time when women and men were treated very differently in divorce proceedings. There was a stereotype that men were always the ones to end up paying alimony while the women always won custody. That is becoming less and less true.
For same sex divorces, it is even less true that one party will be favored over the other. There really are no true differences between your divorce and someone else’s regardless of whether or not it was a same sex marriage.
What if We Have Children Together?
A lot of same sex marriages involve children that do not share DNA with one or both parents. That is also true for a lot of hetero marriages as well. IVF and adoption are used by same sex couples as well as men and women who struggle to conceive.
The court will not look at one parent as the automatic child custody winner based on biology. They are going to make the determination based on the same factors as hetero marriage. They will look to see who usually takes them to school, to the doctor, fixes their meals, knows their medical history, will be able to financially provide for them, etc.
How Does Alimony Work?
Again, alimony in a same sex marriage is going to work very similarly to a hetero marriage. In NYS, only certain marriages will require spousal support. One party would be paying the other if there is going to be a big discrepancy in pay.
Alimony won’t happen if the marriage was brief. Longer marriages will likely mean that alimony/spousal support will be present in the divorce. Most of the time this is for a temporary basis. We can discuss this further when you come in for a consultation and we can get to know your situation a little bit better.
Call Our Rochester Divorce Lawyer
If you have more questions about same sex divorce, please get in touch with our Rochester divorce lawyer right away to set up a consultation. We would be glad to walk you through the beginning steps of your divorce process.