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LGBTQ Divorce Lawyer Albany NY
Same-sex couples have had the right to get married for almost a decade, giving them the same benefits as straight couples. However, this has also raised some concerns among those who have wanted to divorce over the past few years. What happens to those who want to separate?
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Divorce may sometimes be a frustrating process in the capital district of New York, especially under special circumstances. What if the couple was together before same-sex was legal in the capital region?
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The team at Divorce & Family Legal, LLC is committed to serving people in the LGBTQ community, specifically regarding matrimonial and family law. They'll help them navigate every potential issue that may come up during the process, ensuring there's no further stress that may affect them or their marital rights.
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This firm is acutely aware of the challenges that often come from divorce from couples of the same sexual orientation, and they've worked hard to come up with solutions that help them address each one efficiently.
What to Know About Divorce in a Same-sex Marriage
Divorce for those in the LGBTQ community may be slightly different compared to straight couples, and that's because of how recent marriage was approved for them. Here's a short breakdown:
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The client must meet New York's residency requirements for how long they (or their spouse) must have lived there before filing for divorce. Here, the period is two years. Those who married in another state must get divorced there until they meet residency requirements.
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Clients must provide a "legally-accepted reason" for getting divorced. New York is a no-fault divorce state. This means that neither spouse must tell the court why the marriage is over.
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Many resources are willing to help those in the community, such as the LGBT Family Law Institute. It allows professionals to share insights on how to help clients who may be going through some hardship in divorce law or other related practice areas.
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The experts at Divorce & Family Legal, LLC are up-to-date on how same-sex marriage laws work in the state, so there's no need to worry. They'll use their expertise to help divorcing partners come up with a comprehensive solution that prevents further conflict and emotional distress.
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Ending a relationship isn't easy, especially when there are high-value assets or children involved. This is why having attorneys nearby is always helpful. With the help of a divorce attorney, couples have a much better chance of sorting out their problems and finding a better path to walk on.
Fighting for People's Rights in Divorce and Family Law
The team at Divorce & Family Legal, LLC helps couples through each stage of their divorce process. They'll ensure there's no stone left unturned, giving them the peace of mind they deserve during such troubling times.
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Divorce/family law is always tough to navigate, not to mention when there are children involved. Instead of going through a traumatic experience, why not leave all the hard work to a professional?
By working things out with a legal expert, couples avoid common mistakes that lead to more time lost. Moreover, they can save more money throughout the process. Here are some of the areas that they could focus on:
Estate Planning
Property division is often one of the toughest parts to handle in divorce. In all divorces, judges will divide property and debt between the spouses. This includes anything that was acquired or earned during the marriage.
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However, couples who were together before same-sex marriage was legal could have some issues sorting out their belongings. This could lead to unfairness when planning both parties' estates.
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In these cases, the judge will likely decide to divide the spouse's property fairly, but that could cause further problems between the couple. By working with an LGBTQ divorce lawyer (Albany, NY), people have a higher chance of working through their issues much faster.
Leaving everything in the power of a judge may not be the best option since they don't always understand the unfairness of the situation. Working with a divorce lawyer may help both parties talk things through in a calmer environment.
Child Custody
Child custody is another hard part of divorce, especially if the marriage ends badly.
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Same-sex adoption is also legal in all states, including New York. However, there are some cases when the divorcing couple may not come to an agreement with it comes to custody, visitation, and child support.
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They can go to a judge who will review both parties' arguments and evidence. After doing so, they'll establish an arrangement for the family to follow. However, this process can be overwhelming, and it may not follow the separating couple's best interest.
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Talking to a divorce lawyer first may be a much better course of action, as it's a calmer environment where both parties can share their ideas and concerns. Child custody isn't an easy topic to tackle, so the lawyer will be there to mediate the situation in the best way possible, providing people with insights that will be useful for the situation.
Spousal Support
LGBTQ spouses may be entitled to alimony (spousal support) after getting separated. This may happen if they lived together for several years before it was legally allowed for them to marry.
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The longer they were married, the more likely a judge would grant alimony to the spouse who needs it. These situations can be tough to tackle, especially when talking about longer relationships.
A divorce lawyer may be able to navigate the situation smoothly and give the separating couple a breakdown of what outcome would suit them the best.
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Getting a Settlement That Represents People's Needs
Divorce can be a lengthy process. While stress can be unavoidable sometimes, it doesn't have to take over someone's life.
By working with a professional divorce lawyer in Albany, separating couples have a better chance of getting the peace of mind and justice they deserve.
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Schedule a free consultation with the team at Divorce & Family Legal, LLC, and get the assistance you need today.