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An Overview of Same-Sex Divorces in New York


In the state of New York, divorces involving same-sex couples are treated the same a traditional divorce in the eyes of the law. When a same-sex couple decides to separate, they must file divorce papers and establish the terms of their separation. Exactly like heterosexual couples, this can be accomplished through either uncontested, mediated, or contested means. A divorce can be pursued for any reason, and the only requirement is that at least one spouse have lived in New York for at least one year’s time.

To separate, couples must solve following issues in their separation agreement:

If an agreement cannot be reached, litigation can be pursued in court. Once both sides have had an opportunity to plead their case, a judge will issue a decision that is enforceable by law. Issues such as asset and debt distribution will be solved according to New York’s equitable distribution statutes, while decisions custody, visitation and child support will be decided in alignment with the child’s best interests.

Can Same-Sex Couples Who Married in NY Divorce in Any State?

Yes. Prior to the landmark 2015 Supreme Court decision of Obergefell v. Hodges, same-sex couples faced difficulty filing for divorce in states that did not legally recognize same-sex marriages. Before the decision, many gay and lesbian couples had destination weddings in New York and other gay-marriage-recognizing states, only to return home as a married couple to a non-recognizing state.

This created problems, however, as same-sex divorces could only be accomplished in states that recognized gay marriage. Following the Supreme Court’s Obergefell decision, all states are now required to recognize gay marriages and allow gay divorces, providing that the couples meet their state’s residency requirements.

Divorcing? Contact the Law Offices of Dennis R. Vetrano, Jr., LLC

If you are looking to pursue a divorce in Dutchess County, a highly knowledgeable same-sex divorce lawyer from the Law Offices of Dennis R. Vetrano, Jr., LLC can protect your rights in court and help you pursue a smooth dissolution of your marriage. With 40+ years of experience and an unparalleled commitment to protecting your rights, your case is sure to be in excellent hands.

Call our office at (845) 605-4330 to request a case evaluation today!