In New York, same-sex couples have the same rights any other married couple. They must undergo the same proceedings when they choose to end their marriage. They must fulfill the same prerequisites as all divorce cases. A Same Sex Divorce Attorney help these couples end their marriages today.
Establishing Jurisdiction Through Residency
The state must acquire verification of residency for the petitioner. Residency in the state determines if the state has the ability to take jurisdiction over the divorce case. The petitioner or their spouse must live inside the state of New York for at least one year.
Choosing Divorce Grounds
The divorce grounds are vital to these proceedings. They define whether or not the petitioner is assigning blame. No-fault judgments are based on the ground of irretrievable breakdown of the marriage. It indicates that neither party is at fault for the breakdown of the divorce.
Fault-based grounds indicate that one party’s actions led to the end of the marriage. These grounds begin with adultery. This ground indicates that the defendant had an extramarital affair during the marriage. To use the ground, the petitioner must provide evidence of the affair. This could include text messages, cell phone records, or video surveillance of their spouse and the other party.
Abandonment indicates that defendant left the petitioner without explanation. They committed this action without any indications of a return. They chose to stop all financial support for their spouse and left the marriage. This ground is available about the petitioner has been deserted for at least one year.
When Disputes Arise
Disputes often arise according to decisions made about the marital property or child custody primarily. The first task for settling the dispute is negotiations between attorneys. If this fails, meditation is available.
In New York, same-sex couples are entitled to the same rights after marriage as anyone else. They have the right to seek a settlement that divides their marital property and establishes child custody assignments. They also have the right to seek spousal support as needed. Couples who need to hire a Same Sex Divorce Attorney should contact The Law Offices of Elan Wurtzel today.
