Same-Sex / LGBTQ Divorce in New York – Protecting Your Rights with Experienced Legal Representation
Experienced LGBTQ Divorce Lawyers in New York
At Mindin & Mindin, P.C., we proudly support and represent LGBTQ individuals facing divorce in New York. While same-sex marriage was legalized in the state with the Marriage Equality Act of 2011, and recognized nationwide by the U.S. Supreme Court in 2013, same-sex couples still encounter unique legal challenges when dissolving their marriage.
If you are considering divorce, our New York LGBTQ divorce attorneys will provide compassionate, knowledgeable, and aggressive representation to ensure that your rights, assets, and parental relationships are fully protected.
📞 Call us today at 888.501.3292 for a free consultation.
Understanding LGBTQ Divorce in New York
While same-sex divorces share many similarities with heterosexual divorces, there are distinct legal complexities that arise—especially in cases involving child custody, parental rights, property division, and spousal maintenance. The legal landscape is still evolving, and ensuring experienced legal representation is crucial to securing a fair and just outcome.
Our divorce lawyers will guide you through every step of the process, whether your divorce is amicable or contested.
✅ Uncontested & Contested Divorce
✅ Same-Sex Parental Rights & Child Custody
✅ Property & Asset Division
✅ Spousal Maintenance (Alimony)
✅ Prenuptial & Postnuptial Agreements
✅ Divorce Consulting
Key Issues in Same-Sex Divorce
Child Custody & Parental Rights
One of the most complex areas in LGBTQ divorce involves child custody and parental rights. While New York law treats same-sex parents equally under custody laws, non-biological or non-adoptive parents may still face challenges in asserting parental rights.
👨👨👦 Legal Parenthood: If both spouses are legal parents—through adoption or both being listed on the birth certificate—the custody process follows standard New York custody laws.
👩👩👧 Non-Biological Parents: If one spouse is a biological or adoptive parent and the other is not, custody disputes can become more complicated. Our attorneys fight to protect parental rights and ensure the child’s best interests are upheld.
👩❤️👩 Third-Party Custody Claims: If one parent has not legally adopted the child, they may face difficulties in custody disputes. We assist in establishing parental rights and advocating for meaningful custody and visitation arrangements.
We are committed to protecting parental rights and ensuring that LGBTQ parents maintain strong, loving relationships with their children after divorce.
Equitable Distribution of Marital Assets
New York follows equitable distribution laws, meaning assets are divided fairly—but not necessarily equally. However, for LGBTQ couples, determining what qualifies as marital property can be more complicated due to the history of legal recognition of same-sex marriages.
💰 Property & Asset Division: If you were together before same-sex marriage was legalized, property accumulated before 2011 may not automatically be considered marital property. This can impact how assets are divided.
📈 Retirement Accounts & Pensions: LGBTQ spouses are entitled to a fair share of 401(k)s, pensions, and retirement savings, but division requires careful legal strategy to avoid tax penalties and ensure fair allocation.
🏡 Real Estate & Home Ownership: Whether you purchased a home together before or after your marriage, our attorneys will ensure a fair and strategic approach to asset division.
Spousal Maintenance (Alimony) in LGBTQ Divorces
Just like in heterosexual divorces, same-sex spouses may be entitled to spousal support (alimony/maintenance) based on factors such as:
✔ Income disparities between spouses
✔ Length of the marriage
✔ Contributions to the household, including as a stay-at-home parent
✔ Health, age, and employability of each spouse
Because same-sex marriage was only legally recognized in 2011, courts may consider long-term relationships that predate marriage differently when determining alimony. We advocate aggressively to ensure fair spousal support awards for our clients.
Why Choose Mindin & Mindin, P.C. for Your LGBTQ Divorce?
🏳️🌈 LGBTQ+ Focused Legal Representation – We understand the unique legal and emotional challenges LGBTQ couples face in divorce.
💪 Aggressive & Strategic Advocacy – Whether negotiating amicable settlements or fighting for your rights in court, we are relentless in securing the best possible outcome.
📍 Serving All NYC Boroughs – We proudly represent LGBTQ individuals throughout Manhattan, Brooklyn, Queens, The Bronx, and Staten Island. Don’t worry Westchester, Nassau and Suffolk County residents, we go out there too!
📞 24/7 Availability – Call 888.501.3292 anytime to discuss your case.
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Schedule a Free No Obligation Legal Consultation Today
Divorce is never easy, but with the right legal team by your side, you can move forward with confidence and clarity. At Mindin & Mindin, P.C., we are committed to fighting for your rights, protecting your assets, and ensuring your family’s future.
📞 Call or text us today at 888.501.3292 for a free, confidential consultation.
💻 Let’s discuss your LGBTQ divorce and find the best path forward for you.