Same-sex divorces require the same steps as any other divorce proceeding. The couples must make several choices about the divorce that affect the marital estate and their children. Under Same Sex Family Law, these couples acquire rights to these concepts. An attorney could guide them through these proceedings and answer their questions.
Filing for Divorce
The first step is to file the divorce motion. Once the motion is filed, the motion and the agreement are delivered to the defendant. An officer of the court delivers a copy of the papers to the defendant and acquires evidence of delivery. Once the papers are delivered, the defendant has a period of thirty days to respond.
Understanding the Division of Property
Under New York laws, marital property divisions should be equal. However, the state may make decisions about the division based on the earning capacity of each party. The court divides property to accommodate the same lifestyle established during the marriage. This could lead to an unequal division of properties in some cases.
Filing for Child Custody
Child custody is often based on shared opportunities. This allows the child to have equal time with each parent. However, factors such as risks could persuade the court to award full custody. These risks may include addiction to alcohol or controlled substances. In most cases, the court determines which parent can provide the most stable environment for the child.
Reporting non-Compliance With the Child Support Order
At any time that a child support order isn’t followed, the custodial parent may contact the court. Payments that aren’t monitored by the court could present these issues. A violation of the court order is a criminal act. The court can issue a bench warrant for the non-custodial parent.
Same-sex divorces proceed exactly the same as other cases. They must identify grounds and seek solutions related to child custody and property division. An attorney could help them manage these requirements and help them set their divorce without major issues. Petitioners who need assistance under Same Sex Family Law should contact The Law Offices of Elan Wurtzel for further help today.
