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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
Member

As a Buffalo divorce lawyer for 28 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.

Alexandra M. Rockwood Attorney Photo
Alexandra M. Rockwood
Senior Associate

Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…

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    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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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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    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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    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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