When a couple is divorcing, whether the couple is an opposite-sex couple or a same-sex couple, a diverse range of major issues can come up during their divorce. These issues can regard fundamental things like their finances and their kids.
Different types of married couples can vary from each other in a range of ways. This includes in their income level. Recently released federal data points to their being general income differences between same-sex and heterosexual couples.
Family law can change significantly over time. One area of family law where there have been all sorts of changes over the past several years here in the U.S. is same-sex family law.
The “separation of church and state” is a phrase that describes the relationship between the Establishment Clause and the Free Exercise Clause of the First Amendment, and it certainly applies to marriage and divorce. Residents of New York can be married under the law and under the eyes of God.
Couples get divorced for many different reasons. However, it is not uncommon for certain life events to increase the risk of divorce.
Sometimes, married same-sex couples here in New York adopt a child. When a New York same-sex couple with an adopted child gets divorced, one of the things that will need to be figured out in their divorce case is what sort of arrangement will be established regarding child custody.
There have been many advances when it comes to same-sex couple family law over the past few years. Several states, including New York, have opened up marriage to same-sex couples.
While the rights of gay and lesbian people continue to expand on both a state level and a national level, they still face many challenges, including here in New York. For example, a recent study has found that courts often rule against gay and lesbian parents in child custody cases. Despite a vast body of research that shows having gay and lesbian parents does not negatively affect children, many courts seem to rule as if it does have a poor impact. This is true in states that allow same-sex marriage and in states that do not, according to the Drexel University research.
The last few years have been absolutely monumental for the rights of same-sex couples. In 2011, New York lawmakers approved same-sex unions and a 2013 U.S. Supreme Court ruling provided federal recognition for married couples. As a result of the high court's ruling, married same-sex couples will be able to file joint federal tax returns for the first time this year.
New York is one of the states in which same-sex marriages and same-sex divorces are legal. As is the case with any divorce, issues regarding property and finances, such as alimony and division of property, can come up in relation to same-sex divorces. Such issues are sometimes dealt with through settlements. What terms a divorce settlement ultimately ends up containing can have substantial effects on both of the parties in a divorce. Thus, having experienced representation can be important in same-sex divorce settlement negotiations.