Call Today for a Free Consultation

Same Sex Divorces



The history of gay and lesbian divorces have many years or disputes and misunderstanding. Today same sex marriage, as well as same sex divorce, is a branch of federal law.For a long and difficult time, many federal state laws refused to accept gay and lesbian marriages. That made a lot of same sex couples go to other states to make their relationship legal and official. There were many troubles when a couple of gays or lesbians wanted to get a divorce. The situation was very tense until the government created special federal laws for the same sex marriage.

New York State recognize same sex marriage to be legal in 2011. Nowadays each states has same sex marriage and same sex divorce legalized by local federal state laws. Like any other heterosexual contested divorce issue, same sex divorce cases are sometimes complicated and extremely long lasting.

The same sex marriage law in New York has been around for less than five years and, of course, same sex divorce law is still evolving. The main same sex divorces rules are the same as in heterosexual divorces, there may be subtle, nuanced differences that can occur . If you think you do not need help from a same sex divorce attorney to deal with your former spouse, it is a huge mistake. We are sure your spouse will use a divorce lawyer’s help, so it is better for you not to hesitate and contact us right now.


There is no formal waiting period for a judge to enter a decree of divorce in New York. But it is obligatorily for you to have what is called a legally acceptable reason. It is often easy to prove under New York law because, for example, you can show that the relationship between you and your spouse is irreparably broken for at least six months.

Marital property is divided equitably in New York. What that means is that property and debts acquired during the marriage are divided between the spouses based on what is fair. It DOES NOT mean that the division of property has to be exactly equal. Property includes your home, income, and personal possessions. It is the main factor why having New York contested divorce attorneys who know the ins-and-outs of same sex divorce law is extremely important.


If you and your partner are a legally married same sex couple in New York and currently reside in the state, you can get divorced if you have lived in New York for at least a year. Even if these statements are not about your couple, we may able to assist you. You may file for divorce in New York if you or your spouse have lived apart for at least a one year and you have a separation agreement. In addition, you may file on grounds of cruel and inhuman treatment, abandonment by your spouse for more than one year, adultery, or your spouse’s imprisonment – more than three years.

Same sex divorce attorneys at the Law Office of Yelena Sharova P.C. guarantee immediate assistance. We know the ins and outs of the judicial system, and we can tell you what the best representation is – what you need to fight for and where you can try to reach an agreement. Our same sex divorce lawyers are litigators, so we know how to fight for your interests during the divorce court proceedings.


Courts consider a variety of factors when handling a same sex divorce, including each spouse’s future financial circumstances, a custodial parent’s need to stay in the family home, the tax consequences to each spouse of any given division, and the value of assets or business interests. It is important for you to have a New York City divorce attorney to get the full service legal representation. If you have troubles in obtaining spousal alimony, we can also assist you with it.

Do you have any children with your ex-spouse? Child custody issues are often more problematical in same sex divorces, but it is determined by what is referred to as the best interests of the child.We know how to enable your child custody rights you need and deserve by analyzing a variety of factors, such as, for example, your sources of financial support, physical and mental health, possessing of enough level of parenting skills, and existing of special needs and requirements.

On the one hand, same sex divorce process regards mostly the same questions and issues as the opposite sex divorce. On the other hand, there is a risk of additional challenges appears in same sex couple parting. For example, custody rights proceedings may probably occur to be more tough. For instance, if one of the spouses is the biological mother or father and second party did not adopt the child, the biological parent gets the whole sole child custody. But, in a situation when children were adoptive by another spouse, as well as when no one of the spouses has no biological connection with a child, custody battle will probably be as entangled as in opposite sex couple.