Same Sex Divorce

Once New York State legalized same-sex marriages on June 24, 2011, it was only a matter of time before love turned to hate, and “’til death do us part” became “I hope you die”. It now appears that Katie Marks and Dese’Rae Stage are among the first, if not the first, same-sex couple married in New York to move forward with a divorce proceeding. While the Clerks of the Courts are all scrambling to figure out how to deal with the unique mechanics of a same-sex divorce filing (how do you fill out the many Court forms that refer to “husband” and “wife”, for example), the rules, issues and pitfalls to be experienced in a same-sex divorce are no different from those in a divorce involving a straight couple. Custody, visitation, child support, spousal support and asset distribution are all potential issues which may be hotly contested and need to be addressed in a divorce proceeding regardless of whether you are in a straight marriage or a same-sex marriage. As always, it is wise to consult with an experienced matrimonial and family law attorney with regard to any pre-divorce or pre-separation questions you have.