Same Sex Marriage & Divorce

Same Sex Marriage & DivorceLegal rights for LGBT couples

As a NYC-based attorney experienced in divorce and matrimonial cases for same-sex couples in New York, Ingrid Gherman has the skills, understanding, and compassion to help clients who are in same-sex relationships or marriages including on issues relating to divorce, child custody and visitation, separation agreements, pre-nuptial agreements, spousal or child support, or equitable distribution. The U.S. Supreme Court decision of June 2013 and the July 2011 New York State Marriage Equality Act present same-sex couples in NY with new rights, benefits and responsibilities previously accorded only to opposite sex couples in matrimonial areas. To understand and enforce these new legal rights, LGBT (lesbian, gay, bi-sexual, and trans-sexual) partners will need to navigate a complicated array of state and federal statutes.

A matrimonial lawyer with long-standing experience assisting same-sex couples

Ingrid Gherman is thoroughly familiar with all of the current New York State and national laws effecting same sex couples. She has the experience and savvy to steer through the statutes and courts on the complex laws regarding same-sex marriages and divorce in the state and nationally. If you are in a same sex relationship and need help on a matrimonial matter, Ingrid can help. To arrange for a consultation, call her law office at (212) 941-0767 and send the on-line inquiry form.

The Federal Law

In the summer of 2013, in the Windsor v. Windsor decision, the United States Supreme Court, declared that “The Defense of Marriage Act" (DOMA) was unconstitutional based on the 5th U.S. Constitutional Amendment. DOMA was a federal law from 1996 that permitted each state to decide whether to discount same gender couples who were legally married in other states. At the time of the Supreme Court decision, thirteen states as well as the District of Columbia recognized the legitimacy of marriages for same-sex couples.

The 2013 Supreme Court decision also entitled same sex partners to receive the same national benefits as were enjoyed by opposite sex couples including Social Security, income taxes, estate taxes, spousal IRAs, immigration, and divorce.

FamilyThe New York Marriage Equality Act

The passage of the NY Marriage Equality Act in July 2011, made New York the fifth state to issue licenses for same gender marriages. By doing so, the Act amended the existing law by saying that no application for a marriage license could be turned down or denied because the spouses are of the same sex.

This law was later reinforced by the Supreme Court ruling two years later creating an environment, at least legally, in which NY same-sex couples have the benefit of all rights accorded heterosexual partners. This means that same sex spouses and couples can expect to face the same legal challenges as do their heterosexual counterparts in all matters pertaining to family law.

Get experienced legal help

Matrimonial attorney Ingrid Gherman is experienced and conversant, not only in all areas of matrimonial and family law practice, but specifically with clients who are in same-sex relationships. This experience, combined with a deep knowledge of the law and compassionate sensitivity make her uniquely qualified to assist persons in same-sex relationships that require family law guidance and representation. Find out if Ingrid Gherman can help you with your divorce or family issue. To set a consultation with Ingrid, call (212) 941-0767 or you can fill out and send the convenient on-line form.