Possible Changes to Family Law On the Horizon Due to Same-Sex Marriage Legalization


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.

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