New York Same Sex Divorce Lawyer | SRIS, P.C.
New York Same Sex Divorce Lawyer — What Are Your Rights?
Same-sex divorce in New York County (Manhattan) follows the same legal framework as opposite-sex divorce under the New York Domestic Relations Law (DRL). A New York same sex divorce lawyer from Law Offices Of SRIS, P.C. can guide you through equitable distribution, child custody, and support matters. The firm has extensive experience in New York family courts, including the Supreme Court at 60 Centre Street.
Understanding Same-Sex Divorce Law in New York
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Since the legalization of same-sex marriage in New York in 2011 and the nationwide recognition by the U.S. Supreme Court in 2015, same-sex couples have the same rights and responsibilities in divorce as all married couples. The dissolution of a same-sex marriage is governed by the New York Domestic Relations Law (DRL), specifically DRL § 170 for grounds and DRL § 236 for equitable distribution and maintenance. The legal process addresses marital property division, spousal support (maintenance), and, if applicable, child custody and support. The foundational principle is equitable distribution, where marital assets and debts are divided fairly, though not necessarily equally, based on statutory factors.
Official Legal Resources
For the full text of the governing statutes, refer to the New York Domestic Relations Law (official New York State Senate). For court forms and local procedures, visit the New York County Supreme Court website.
handling a Same-Sex Divorce in New York County Supreme Court
New York County (Manhattan) Supreme Court handles all divorce and equitable distribution matters. A key procedural fact is that New York is a “no-fault” divorce state, meaning you can file based on an irretrievable breakdown of the relationship for at least six months. For same-sex couples, establishing the date of the marriage is clear, but determining the duration of the “marital estate” for property division may involve examining the period from the legal marriage date forward, unless a prenuptial agreement states otherwise. Automatic orders under DRL § 236 go into effect upon filing, freezing marital assets and prohibiting changes to insurance coverage.
- Consult with a New York same sex divorce attorney to review your marriage date, assets, debts, and goals.
- File a Summons with Notice or Summons and Complaint at the New York County Supreme Court Clerk’s office, purchasing an index number.
- Serve the divorce papers on your spouse according to New York procedural rules.
- Exchange financial disclosures and engage in the discovery process if the divorce is contested.
- Attend mandatory settlement conferences and, if necessary, a trial before a Supreme Court Justice.
- Obtain a Judgment of Divorce that addresses all issues of property, support, and custody.
Key Considerations in Same-Sex Divorce
In New York County (Manhattan), a same-sex divorce addresses equitable distribution, maintenance, and child-related issues under the same statutes as all divorces.
| Issue | Legal Standard / Classification | Potential Outcome | Financial Impact | Parental Impact | Additional Notes |
|---|---|---|---|---|---|
| Equitable Distribution | DRL § 236 | Fair division of marital property & debts | Division of assets acquired during marriage | N/A | Date of marriage is key start date for marital property |
| Spousal Maintenance | DRL § 236 (Formula) | Temporary & post-divorce support calculations | Income-based formula applies | N/A | Statutory formula for guideline amounts |
| Child Custody | Best Interests of the Child | Legal & physical custody arrangements | Shared expenses | Parenting time schedule | Focus on child’s health, safety, and welfare |
| Child Support | Child Support Standards Act | 17%-35% of combined parental income | Ongoing financial obligation | Basic support, healthcare, education | Formula applies up to $163,000 combined income |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Same-Sex Divorce
Founded in 1997, Law Offices Of SRIS, P.C. brings decades of combined legal experience to family law matters. Our approach is grounded in a deep understanding of New York’s Domestic Relations Law and the specific procedural nuances of courts like the New York County Supreme Court. We recognize that same-sex divorces, while governed by the same laws, can involve unique emotional and historical considerations for the couple, and we provide representation that is both legally sound and personally sensitive.
Case Results and Client Focus
Law Offices Of SRIS, P.C. has a firm-wide record of over 4,739 documented case results with a favorable outcome rate exceeding 93%. While every case is unique, our team is experienced in achieving resolutions in complex family law matters. Results may vary. Prior results do not aim for a similar outcome.
Contact a New York Same Sex Divorce Law Firm Near You
Our firm represents clients in New York County (Manhattan). We are accessible to clients throughout Manhattan, including Midtown, the Upper East and West Sides, Downtown, and surrounding boroughs. As a dedicated New York same sex divorce law firm, we offer 24/7 phone consultations for your convenience.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only.
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (716) 229-4520
24/7 phone consultations — meetings by appointment only.
Frequently Asked Questions
Is the process for a same-sex divorce different in New York?
No. The legal process for dissolving a same-sex marriage in New York is identical to that for an opposite-sex marriage. It is governed by the same New York Domestic Relations Law and heard in the same courts, such as the New York County Supreme Court.
How is marital property defined for a same-sex couple?
It depends. In New York, marital property generally includes assets and debts acquired from the date of the legal marriage until the date of commencement of the divorce action. For same-sex couples, the marital estate typically begins on the legal marriage date, unless a prenuptial agreement specifies otherwise or unique circumstances like a prior domestic partnership are argued.
Can I get spousal support (maintenance)?
Yes. Same-sex spouses have the same right to seek maintenance (alimony) as anyone else. New York uses a statutory formula to calculate guideline amounts for both temporary and post-divorce maintenance, based on the income of both parties and the length of the marriage.
What about child custody if we have children?
The court applies the same “best interests of the child” standard, regardless of the parents’ genders or sexual orientation. Factors like parental involvement, the child’s needs, and stability are considered. Legal parentage, whether through birth, adoption, or a parentage order, must be established for custody and support purposes.
How long does a same-sex divorce take in Manhattan?
It depends on whether it is contested. An uncontested divorce where both parties agree on all terms can be finalized in as little as 3-6 months. A contested divorce in the busy New York County Supreme Court can take a year or more, depending on the complexity of issues like asset valuation or custody disputes.
For more information, see our New York Family Law overview. We also assist with related matters like criminal defense in Manhattan.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.