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Same-Sex Divorce: Understanding the Differences

In 2011, New York legalized same-sex marriage.  Although all divorcing couples face similar issues of spousal and child support, child custody, and property division, there are differences to consider after a same-sex marriage.

Many couples who take advantage of the new law in New York already enjoyed a long-term civil union, accumulating wealth, property, or both.  In preparing prenuptial and post-nuptial agreements for these clients, I work to protect and define distribution of these assets upon their  divorce.

If these same couples consider divorce, a prior agreement protects their assets.  Divorcing same-sex couples without these protections may see assets they thought were separate divided as part of their marital estate.  The process for asset protection in all divorces is the same.  When needed, I consult skilled forensic specialists to locate and value assets to create an accurate financial picture.

Child custody is another area not yet well-defined in New York.  If the non-biological or non-adoptive parent of a child did not adopt the child of his or her partner, discussions about custody and parenting time rights become contentious upon divorce.  These issues have the ability to create a lifetime of ill-will between divorcing parties, regardless of orientation.

In 2011, the U.S. Census Bureau reported there were 131,729 same-sex married couple households in our country.  As the issue of same-sex marriage takes center stage in American politics, people continue to marry and get divorced.  Love, life, and the law—some things remain the same.

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Randy  S.  Margulis Attorney Photo
Randy S. Margulis
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As a Buffalo divorce lawyer for 25 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

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    5.0/5.0

    Randy Margulis is knowledgable of Domestic Law, dedicated, responsive, personable, aggressive and effective. I came to him on a friend's recommendation as well as Randy's reputation, and during the initial consultation I liked his approach and track ...

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    5.0/5.0

    Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...

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    5.0/5.0

    Randy is very firm and effective in court while empathetic to his clients. I am a domestic violence victim, and Randy made me feel safe and protected. My financial award was more than I envisioned it to be when I started my divorce. I can't thank ...

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    5.0/5.0

    Mr Margulis was one of the nicest attorneys I have ever had the privilege to speak to. He knows what he is doing and saying. I chose him because he was reassuring, respectful and understanding. He made my divorce easy, without regret and civil.I appr...

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    5.0/5.0

    Randy was referred to me. I am so glad I chose him to represent me. He was efficient and extremely knowledgeable. I would recommend him to anyone and have recommended him to a friend of a friend.

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