For many years, many states in the US did not recognize same-sex marriage until the federal government made it a federal law. Same-sex couples used to travel to Massachusetts and Vermont to exchange vows and make the union official. During a divorce, they were overwhelmed by specific residential requirements of each state, and in most cases, they did not have the right to end their marriage. New York was the first state to legalize same-sex marriage and divorce, and the other 49 states later legalized it. The same-sex couple faces challenges when seeking divorce just like any other couple but to ease the difficulties; it is advisable to hire a Nassau county Same-Sex Divorce Lawyer.
Practice Area and Their Legal Implications
Once your same-sex marriage has ended, you will require a lawyer who can help you settle out issues related to your divorce. The area of practice of Nassau County Same-Sex Divorce Lawyers includes legal representation on matters related to:
1. Asset distribution
The law is the same in same-sex marriage and opposite-sex couples if there is some property to be distributed. The law stipulates that, if you have acquired property during the marriage, it should be considered marital property even during divorce. Therefore, the assets and marital debts of the same-sex married couple should be distributed including real and personal assets such as the bank accounts, business profits, and insurance and investment products.
2. Spousal support
Spousal support aims at ensuring that one lives the life established during the marriage. During the trial, the law requires that both parties disclose their financial status to the other side, including the total net worth. To calculate the net worth, you need to subtract expenses and liabilities from the total assets. A temporary spousal support may be awarded by the court in some instances while the case is still pending.
Spousal supports ends when:
One party dies
If one of the parties remarries
The date agreed upon
If the court rules out
3. Child custody and visitations
Child custody agreements show the legal restrictions between a child and the parents. The two types of custody include:
Legal custody- determines the parent who has the sole right to make decisions such as child’s health or education on behalf of the child.
Physical custody- this cannot make important decisions based on the child, that is, he or she is given the legal rights to visitation.
The law bases the matter of custody upon the interest of the child. In a case where no agreement is made on the child visitation, then the court, on behalf of the parties, appoints a Nassau county Same-Sex Divorce Lawyer at the cost of the parties.
4. Child support
The law mandates payment from the noncustodial parent to the custodial parent for the benefit of the children. The child support in Nassau County, payments are based on the total gross income of the parents, and therefore, each parent must support a copy that shows the total Net Worth.
Why Should You Hire a Nassau County Same-Sex Divorce Lawyer?
An attorney will help you to determine if the basis of divorce is justifiable. Grounds for divorce should include:
Imprisonment for a three or more years
Legal separation for at least a year
Refusal to have sexual encounters
If you want to divorce from same-sex marriage, hire an experience Nassau county Same-Sex Divorce Lawyer who will ensure that your interests and those of the children are given priority, and will also help you draft divorce agreement showing your reason for divorce.