We're a boutique law firm - which means you get to work directly with one of our founding partners.
Spodek Law Group is one of New York's oldest law firms. Trust us with your legal issue.
Our firm has offices all over NYC and Long Island. We make it convenient and easy.
There are a lot of steps to take in order to be officially detached from a same-sex marriage. The first main step is the paperwork. In Suffolk County, New York there is much paperwork to be filled out and filed. The paperwork must be filled out correctly, and the paperwork must be filed at the right place and in the right time period. Failure to follow the Suffolk County divorce rules will force the plaintiff and defendant to do all the paperwork over. This means paying Suffolk County more money and being part of an unwanted marriage for a longer period of time.
Additionally, like a traditional divorce, a same-sex soon to be divorced couple must go through all they own. They are both entitled to half of everything. This includes everything from a home, to a child, to a pet. It is important that the couple come to a written agreement, or their divorce will never be final in Suffolk County. The Suffolk Countylaws insist that both people are mutually comfortable with the divorce and both people are satisfied with the agreement. If this is not so, the divorce will just go on until both parties agree on everything.
There are many implications people can face when going through a same-sex divorce. One of the biggest things people forget to think about is insurance. As soon as a divorce is granted, one party can take the other off insurance. This can be a big deal if the person being taken off the insurance has any medical conditions.
Another strange thing in a same-sex divorce is a 401K or an IRA. The person with the 401K or IRA may have to relinquish half of the funds to the other party. This might happen immediately, over time, or in the future. The court will ultimately make this decision.
An attorney can greatly help when dealing with a same-sex divorce. For starters, depending on the length of the marriage, an attorney can sit down with both parties and suggest they go through a cooling-off period. Attorneys usually do this with couples that have not been married over two years. This cooling-off period allows the couple to be sure they really want to get divorced. After a cooling-off period, many couples have gotten back together, especially when there are children involved.
Secondly, laws change every single day. The attorney will be able to tell both parties how the most recent laws will affect their divorce. Additionally, the attorney will be able to draw up the proper paperwork to make the divorce process much smoother.
Another great thing an attorney can do is put together a marital dissolution agreement. This means that both parties are agreeing to the divorce as long as the terms of the agreement come to pass. The marital dissolution agreement can be filled with anything from who gets custody, to who gets the house, to who gets the furniture. The attorney will make sure that both parties agree to the terms of the marital dissolution agreement, and both parties will have to sign the agreement in front of two witnesses.
People going through a same-sex marriage will be experiencing a lot of confusion, depression, and anger. It is best not to make life-altering decisions under those mental conditions. An attorney will be able to handle all of the legal aspects of the divorce, and the parties will only have to go through the emotional aspects of the divorce.