Family Law & New York's Marriage Equality Act
On July 24, 2011, New York joined five other states in the nation in allowing same-sex marriage when it passed the Marriage Equality Act. While the passing of the Act has now allowed thousands of same-sex couples to be legally married, it also means that those couples could be faced with a new world of legal issues should they later decide to dissolve their marriage.
At Colwell, Colwell & Petroccione, LLP, our attorneys have handled family law cases throughout New York State. We know the law, and we know how to best position your situation to your advantage when in negotiations or at trial. Attorney Kevin Colwell has been recognized in the local media for his knowledge on matters pertaining to domestic partnerships, same-sex couples and alternative family arrangements.
New York Domestic Partnership Lawyer
Before you can get married in New York State, you must obtain a marriage license, which includes an application process and a filing fee. To obtain a license, both you and your prospective spouse must apply in person at your local town or city clerk's office. The application process will include disclosure of personal information, such as address, Social Security number, date of birth and disclosure of any prior marriages.
Thanks to the passage of the Marriage Equality Act, same-sex couples in New York are now able to:
- Enter into binding prenuptial agreements
- Visit their spouse in the hospital
- Receive coverage under a spouse's health insurance policy
- Enjoy inheritance rights
- File joint New York State tax return
However, tax complications may remain for married same-sex couples, as the Federal Defense of Marriage Act does not provide same-sex couples with the right to file their federal tax return as a married couple, even though New York does.
What to Know About New York Same-Sex Couple Divorce
Just like when the marriage of a traditional couple ends, our New York divorce lawyers can help same-sex couples navigate the legal process to meet their goals. When you are facing a same-sex divorce, we can help you achieve your objectives by assisting with:
- Child custody and child visitation
- Child support
- Spousal maintenance
Contact a New York Same-Sex Divorce Law Firm
When you come to Colwell, Colwell & Petroccione, LLP, for your free initial consultation, we'll identify your goals and then find the most efficient, cost-effective way to meet them. To schedule a meeting to discuss questions you have about same-sex marriage or same-sex divorce or separation, call us today at 866-377-0285 or contact our Schenectady same-sex divorce attorney online.





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