Same-sex marriage has been increasing not only in New York but also across the country ever since it was legalized by a Supreme Court ruling. With that being said, same-sex divorces have also been increasing. There are some hurdles that same-sex couples face in the state of New York and all over the nation even with the legalization of same-sex marriage.
One of the biggest hurdles that same-sex couples face when getting a divorce, like all other couples, is that they will need to provide the court with documents. These documents must show how much each spouse earned during the marriage, who brought which items into the marriage and more. These documents could include bank statements, tax returns and real estate documents.
Another hurdle that same-sex couples face when getting divorced in New York is custody of their children. The state of New York does not recognize de facto parenting, i.e., when a parent shares in the responsibilities of raising a child equally with another person for reasons other than financial. This issue can become especially tricky if only one of the spouses has legally adopted the child. There aren't many precedent to help govern this issue.
Prenuptial agreements for same-sex marriages can also present hurdles if and when the couple decides it is time to divorce. If a prenup is not present, the divorce can become very contentious, especially if the couple was together for many years prior to getting married. Couples with this type of background will likely have considerable assets and should have prenups in place.
Even with same-sex marriage legalized, there are still battles — as described in this post — that same-sex couples in Oneida may find themselves fighting. Learning about your legal rights in your situation can help you address the matter.
Source: Communities Digital News, "Divorce: The unique hurdles same-sex couples face," May 17, 2018