For weeks now, news headlines have been talking about how the United States
Supreme Court decided to legalize same-sex marriage and how it has sparked
serious controversy in America. Some people celebrate the ruling, believing
it upholds liberties created in the Fourteenth Amendment; others condemn
it, feeling that religious freedoms and states' rights to make their
own laws have been violated or ignored. While most of what people and
the media are discussing is seated in opinion, the ruling involves serious
legal matters as family law changes have been largely overlooked.
Same-Sex Divorce and How It Affects Family Law
While the right of marriage for same-sex couples was the focal point of
the Supreme Court's decision, this was not the only legislation that
was affected. Same-sex
divorce in all 50 states has also been legalized, triggering a bittersweet victory
for many LGBTQ community members. Previously, same-sex married couples
could not file for divorce if they lived in a state that did not recognize
the legality of their union. To many, this had effectively trapped them
in a relationship that they wanted to end but could not due to boundary lines.
With the spread of same-sex divorce rights comes a renewed attention on
family law overall. Matters that had traditionally been swayed to one
gender or another, such as
child custody or
fathers' rights during a divorce, have entered a legal gray area. This could end up being
beneficial, though, as reevaluating the laws might clear the way to better,
more balanced legislation.
If you live in New York and are a member of a same-sex couple, I, Bronx
Family Law Attorney Ava G. Gutfriend, Esq., can help you make sense of
the changes that have occurred and may soon affect you. I can even guide
you through a same-sex divorce without compromising your best interests
and property rights. If you have any questions at all, call
888.448.2068 right now to schedule your
free consultation.