Same Sex Divorce Attorney in New York
Serving Albany, Schenectady, and Saratoga, NY


Pursuing same sex divorce can be a costly venture to undertake and instinct may say to go at it alone, without obtaining legal aid. Keep in mind, divorce can become a very emotional situation which, if improperly approached or handled, can result in unfair settlements. Retaining a lawyer who is experienced in same sex divorce, able to remain impartial and advocate on your behalf is of the utmost importance in divorce.

The Harding Law Firm can offer the high caliber legal representation needed to help you come to an agreeable settlement while protecting your legal rights.

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Challenges of Same Sex Divorce

Partnerships take effort, we all know that, but sometimes it is not enough. They do not work out the way we had hoped and result in the need of legal separation. For many years, same sex couples had difficulty getting legal separation, but thankfully things have changed and it is now easier for many same sex couples with legal marital, domestic partnership or civil union status to achieve legal separation. Thanks to the equal treatment laws put in place.

There are still financial hurdles to overcome. Things to be aware of when entering into a same sex divorce:

  • Alimony Tax Treatment
  • Social Security Benefit
  • Federal Tax Filing Status
  • Payments of Marital Settlement Awards
  • Transfer of Property

Dissolution of Same Sex Domestic Partnerships or Civil Unions

In the advent you opted to enter into a domestic partnership or Civil Union and are seeking legal separation, you will have many of the same legal rights as married couples, but state laws will have more effect on the handling of domestic partnerships. Dissolution of Domestic partnerships often have predefined terms within the initial agreement, but if they were not included settlement disputes are often left for the court to decide.

Find more information on Separation Agreements in New York

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Facts and Important Dates Regarding Same Sex Marriage and Divorce

  • Marriage Equality Act 2011 – Freedom to marry in NYS, all married couples be treated fairly
  • Obergfell v. Hodges (2015) – Legalized same-sex marriage nationwide
  • As of 2015, you can legally get divorced in any state you have legal residency in, although state residency laws will vary from state to state.
  • New York State requires that you have lived in state for at least one year prior to getting a divorce.

If you have questions about Same Sex Divorce, or about the dissolution of Same Sex Domestic Partnerships or Civil Unions, call the Harding Law Firm today and Charles Harding can discuss your particular circumstances, please call 518.384.3400

The Harding Law Firm proudly serves Upstate New York's Capital Region; including: Albany, Niskayuna, Schenectady, Troy, Saratoga, and Clifton Park.