New York State finally recognized the rights of same-sex couples in 2011 by legalizing same-sex marriage. Divorce requirements for a same-sex couple is identical to any other divorce in New York. In an ideal situation, the goal is to come to an agreement and avoid court. This is an uncontested divorce and is considerably quicker than a contested divorce and typically takes about three months. Disagreements in custody, support, property and other assets leads to the divorce being contested.

In a contested divorce decisions involving children, custody, child support, spousal support (a.k.a. maintenance), real estate property, retirement assets, retirement accounts, brokerage accounts, bank accounts, debt, etc. must be made. The contested divorce procedure takes longer and is considerable more complicated. A careful and critical negotiation process is necessary on behalf of the two parties to ensure a resolution is reached.

New York State’s Equitable Distribution Law
New York State follows an equitable distribution model when determining how the parties’ assets are to be split in a divorce. “Equitable” here refers to an idea of fairness and does not mean a 50-50 split. Courts take several factors into account when determining how assets are to be distributed including:

• Length of the marriage
• Age and health of each spouse
• Separate property and income of each spouse
• Tax and debt obligations
• Each spouse’s contribution to the marriage before the divorce
• Other financial issues that occurred before the divorce, such as losing money to gambling

Separate and Marital Property in New York
The parties must determine whether assets are separate or mutual. Separate property is usually exempt from distribution and remains property of the original owner. This includes property or assets inherited, acquired before the marriage, or assets given as a gift. Property or assets protected by a previously-drafted agreement such as a prenuptial agreement is also typically exempt from distribution. However, New York courts sometimes include the appreciation of such assets to be marital property.

Having an experienced New York matrimonial attorney like Stephanie by your side will make all the difference should you find yourself in a position where divorce is the only option. Don’t leave your future and the obligations courts may require of you to chance. Divorces are stressful enough as it is and an amicable agreement between the two parties is essential to your peace of mind.