Love is blind. You have marched and battled for years in New York to come to the point where you can marry the one you love, regardless of gender. And then the law of same sex marriage comes along, and it gets complicated. Whatever it is that you have had done, a wedding, or fighting in court on your family’s behalf, quality representation will get it done. That is where a same-sex marriage attorney in New York can assist you.
This post is here to guide you by the hand, so to speak, through acquiring a same-sex marriage attorney in New York.
We are also going to walk you step by step through the fundamentals, walk you through scenarios of daily life, and address your most relevant questions.
The goal of same sex marriage law in New York:
New York led the way on LGBTQ+ rights. It paved the way for same sex marriage years ago, before 2011.
It was a step in the right direction and opened the way for thousands of couples. With every great step comes the bitter pill that court fights still simmer on, though.
Marriage is not a bash—it is a straight-down-the-line marriage with its ups and downs, which will seep into every part of your life.
That is when proper legal representation becomes crucial. Legal representation by same-sex marriage attorneys in Richmond Hill will help you:
- Protect your rights: Marriage provides you with rights to your property, inheritance, health, etc. These rights can be enforced and protected with the help of a same-sex marriage attorney in New York.
- Prevent problems: Property problem, custody problems, or divorce are delicate and sensitive matters. The same-sex marriage attorney in New York can guide you through them gently.
- Plan: With prenuptial planning through wills and trusts, your same-sex marriage attorney in Richmond Hill helps you and your spouse plan a secure future.
The role of a same sex marriage attorney in New York:
A same-sex marriage attorney in New York is an attorney who represents the unique legal requirements of LGBTQ+ couples. They will help you handle many issues, including:
- Marriage and domestic partnership.
- Marriage licenses: Getting one and what you will need.
- Domestic partnerships: Finding out how they differ and what will be of greatest interest to your relationship.
- Prenuptial agreements: This will help secure your best interests before you say, “I do.”
- Family Law.
- Adoption: Helping couples create their family through adoption or surrogacy.
- Parental rights: Both parents have equal rights regardless of how you create your family.
- Visitation and custody: Preparing for worst-case custody of your divorce.
- Divorce and Separation.
- Divorce process: The divorce process for same-sex marriage can be complicated, but a same-sex marriage attorney in New York can help you go through the process of marriage dissolution.
- Property settlement: Same-sex marriage attorneys in New Amsterdam can help you with the equitable division of assets and liabilities.
- Spousal support: This is another issue that might get complex for same sex couples. But with the help of a same-sex marriage attorney in New Amsterdam, you can get spousal support or maintenance.
- Estate Planning.
- Trusts and wills: For same-sex couples, a same-sex marriage attorney in New Amsterdam can help you ensure your will is satisfied in case you pass away.
- Health care proxies: Same-sex marriage attorneys in Rosedale, Queens can help state your health care plans in the absence of your incapacity.
- Power of attorney: If you need to authorize your spouse to act on your behalf, an attorney can help you with the process.
Legal issues for same-sex couples:
Not even liberal New York state excludes gay couples from the general ones. Some of the general conditions under which a same-sex marriage attorney in Richmond Hill can be of greatest significance are outlined below:
- Parental rights.
If both you and your same-sex couple have a child, then both of you are eligible legal parents of the child.
This would be the case even where you adopted or went into a surrogacy agreement. The following could be negotiated by an attorney:
- Second-parent adoption.
- Legal guardianship.
- Stepparent adoption.
- Sharing property and assets.
Dividing the marital stuff, savings, and debt is complicated. This is especially if you had property before marriage. A same-sex marriage attorney in New Amsterdam makes everything equitable.
- Issues of discrimination.
Even though discrimination is against the law, it happens. For every discrimination that you are subjected to due to your marriage, you have a same-sex marriage attorney in New York who advocates for your case.
Real-life scenarios where a same-sex marriage attorney in New York will come in handy:
Here are the situations when a same sex marriage attorney in New York will come in handy:
- Scenario 1: Family Planning.
Alex and Jordan are a married couple who would like to adopt. They have no clue what happens in court, but both would like to be lawful parents. The attorney negotiates the terms of the adoption, files the correct forms, and attends court with them. They now have a lawful family.
- Scenario 2: Divorce and Property.
Casey and Sam have been together for five years. They both own a house and have a savings account, which they divide fifty-fifty by having their same-sex marriage attorney in New York do the divorce and negotiation for them. This is because both parties are fully aware of their rights.
- Scenario 3: Estate Planning.
Taylor and Morgan sleep soundly tonight in the knowledge that they are having what they want done if something happens to them.
They have their same-sex marriage attorney in Rosedal, Queens guides them through filling out wills, wherein each designates the other as beneficiary and attaches health care proxies. They sleep soundly tonight.
The legal landscape: Key laws and protections
Having armed yourself with the pro-lesbian couple laws of New York, you have made your decisions sensibly. The benefits of which are as follows:
- Marriage Equality Act (2011): Made same sex marriage legal in New York.
- Federal Protections: The US Supreme Court’s decision in Obergefell v. Hodges (2015) made same sex marriage legal in the USA.
- New York Law of Discrimination: Discrimination against homosexuals and discrimination by gender identity are against New York law.
Getting the most from a same-sex marriage attorney in New York:
Law experience has nothing to do with it. You want someone familiar with you and your case who will be mindful of that. What to look for:
- Experience: If you are looking for a same-sex marriage attorney in New York, try to watch out for someone with a lot of experience handling LGBTQ+ family matters.
- Communication: Be free to talk. Query and explain your issues, and be free to answer questions.
- Knowledge: Get a same-sex marriage attorney in Rosedale, Queens, who will understand your identity and be free to understand your relationship.
- Clarity: Get a same-sex marriage attorney in Rosedale, Queens, who will make you understand the process and the fees to be charged.
Questions to ask before hiring a same-sex marriage attorney in New York:
Before selecting a same-sex marriage attorney in New York for same sex marriage in New York, you need to ask the following:
- For how long have you practiced law on cases of same sex marriage?
- How would you approach family law cases of your LGBTQ+ clients?
- Explain to me the process of law to be employed?
- How do you treat sensitive or confidential information?
- How much do you charge?
The wedding law is a pain to deal with, but the following tips may be helpful to you:
- Be honest: Tell your attorney everything about your case.
- Ask questions: Seeking explanation or clarification is no sin.
- Stay organized: Maintain copies of documents that are in demand.
- Plan: Plan for tomorrow and not just for today.
- Stand by one another: You are a couple with your partner, and as such, you should support each other.
The value of support and advocacy:
You are not alone. Certain organizations in New York offer resources, support, and advocacy to LGBTQ+ couples.
It is comforting that you do have someone who has gone through the issues you are facing now. Whatever it is, if you are marrying, assisting the family, or having an issue, there is somebody whom you can seek advice from.
Get help!
Love is love, and any couple can be married regardless of gender. If you fear issues may arise in your marriage because of your sexual identity, a same-sex marriage attorney in New York will assist. With being rightly advised, you can enjoy your life in the US with your LGBTQ+ partner.
If you require other answers or counselling, Gehi and Associates can help you with your case. Your love life must be kept in mind and maintained.
Connect with us today!
FAQs
- Do I need an attorney for a same sex marriage if already married?
Yes, your attorney can still help you with the issues in your head, i.e., estate planning, adoption, or whatever legal issue will then be in question.
- Domestic partnership versus marriage: what is the difference?
Marriage gives you more rights and legal remedies than a domestic partnership. Let your attorney say and decide accordingly.
- Are we both legally eligible to be parents of the child?
Yes, but at times, you would have to go through legal processes like second-parent adoption so that you and the other party may both enjoy the same rights.
- What if the two of us do break up?
A same-sex marriage attorney in New York will walk you through property settlements, support, and custody, just like in the case of a divorce.
- Are LGBTQ+ couples in New York legally entitled to any special legal benefits to which they are legally entitled?
Yes. New York is liberal and provides LGBTQ+ couples with equal rights. It is the very first state to do so in the US.
- How do I select the right attorney for my case?
Get someone who is experienced with LGBTQ+ family law, someone who will be respectful to you and can explain things to you nicely.
- What do we take with us when we go to consult an attorney?
ID, birth certificates, financial data, and all documents of children or assets.
