Manhattan same-sex divorce lawyer Juan Luciano releases a new article (https://divorcelawfirmnyc.com/same-sex-divorce-attorney-new-york/) explaining how LGBTQ divorce occurs in New York City. In the article, the lawyer mentions that New York's Marriage Equality Act passed on July 24, 2011, and recognized same-sex marriage.
“The rest of the country followed, granting same-sex couples the same legal rights as heterosexual married couples when it came to marriage. These also gave them the same legal rights to dissolve their marriage as their heterosexual counterparts,” says the Manhattan same-sex divorce lawyer.
According to New York's family law, a person may also seek a contested or uncontested divorce if they are married to their spouse. A same-sex divorce can be as stressful and overwhelming as heterosexual couples under New York law.
In the article, the lawyer says that a same-sex couple who is divorcing will face the same issues as any divorcing couple would. This includes such as asset division, debt division, spousal support, child support, or child custody.
According to attorney Juan Luciano, “Under New York law, in the case of a divorce, marital assets, property, and debts are divided through equitable distribution. Marital assets are those which are acquired during the marriage. Under our equitable distribution laws, these assets are apportioned by the court considering many things, including the length of the marriage.”
Furthermore, the divorce lawyer mentions that because the unions under the Marriage Equality Act are fairly new, the couple may have had assets they have acquired prior to the marriage. Even if the couple has been together for many years, it doesn’t mean that their properties will be divided equally to them.
The lawyer discusses that property division in a same-sex marriage can pose a problem. If the separate property is not addressed before marriage, it could complicate what is considered marital. A prenuptial or a postnuptial agreement may not be in place for the couple, making it difficult to resolve financial disputes during a divorce.
Lastly, attorney Luciano emphasizes the importance of having a skilled divorce attorney when going through a separation. Divorce can be difficult and complicated. An experienced lawyer may be able to help clients understand their rights.
About Juan Luciano Divorce Lawyer
Juan Luciano has worked in complex family law for most of his professional life. He is known for his ability to negotiate well and excel in court. His vast experience covers many aspects of family law, including mediation in divorce, alimony, child custodial, support, postnuptial agreements and arrangements, paternity, as well other matters relating to the family. He’s also fluent in Spanish. To schedule a consultation, call them today.
SOURCE: Press Advantage [Link]
Juan Luciano Divorce Lawyer is a law firm specializing in divorce and family law. The law office is based in Midtown, Manhattan, and Bronx, NY. Juan Luciano is an experienced divorce attorney, with more than 15 years family law experience.