Same Sex Divorce Lawyer in Queens, NY

Compassionate Legal Representation for LGBTQ+ Couples in Forest Hills and Throughout Queens County

Same-sex divorce proceedings in Queens, NY require the same careful attention to legal detail and emotional sensitivity as any divorce case. At The Law Offices of Joseph H. Nivin, P.C., we provide comprehensive divorce representation for LGBTQ+ couples throughout Queens County, including Forest Hills, Jamaica, Astoria, and Long Island City. Our experienced same sex divorce attorney understands the unique challenges that LGBTQ+ couples may face during divorce proceedings and works diligently to protect your rights, assets, and children's best interests.

Located conveniently at 118-35 Queens Boulevard in Forest Hills, our firm has been serving the diverse Queens community since 2010. Attorney Joseph H. Nivin brings extensive family law experience, having previously worked with the New York City Administration for Children's Services and serving on the Queens Family Court Assigned Counsel Panel. Whether your same-sex marriage involves complex property division, child custody arrangements, or spousal support issues, we provide personalized legal guidance tailored to your specific circumstances.

Understanding Same-Sex Divorce Rights in New York

Equal Treatment Under New York Law

Since the Marriage Equality Act took effect in New York in 2011, same-sex couples have enjoyed full marriage rights throughout the state. This means that same sex divorce attorney services follow the same legal procedures and protections as opposite-sex divorces. New York recognizes same-sex marriages performed in other states and countries, ensuring that all married couples receive equal treatment in divorce proceedings at the Queens County Supreme Court located at 88-11 Sutphin Boulevard in Jamaica.

Grounds for Same-Sex Divorce in Queens

New York's no-fault divorce law under Domestic Relations Law Section 170(7) allows couples to file for divorce based on "irretrievable breakdown of the marriage relationship for a period of at least six months." This applies equally to same-sex and opposite-sex couples. Additionally, traditional fault-based grounds such as cruel and inhuman treatment, abandonment, or adultery remain available options for all married couples in Queens County.

Comprehensive Same-Sex Divorce Services

Property Division and Asset Protection

Same-sex couples often face unique property division challenges, particularly when relationships began before marriage equality was legal. Our same sex divorce lawyer carefully evaluates all marital and separate property, including:

• Real estate acquired before and after marriage
• Retirement accounts and pension benefits
• Business interests and professional practices
• Personal property and valuable collections
• Debt allocation and financial obligations

New York follows equitable distribution principles, meaning marital property is divided fairly but not necessarily equally. We work to ensure that pre-marital relationships and cohabitation periods are properly considered in property division determinations.

Child Custody and Visitation Rights

Child custody matters in same-sex divorces can involve complex legal considerations, especially when only one spouse is the biological parent or when children were conceived through assisted reproductive technology. Our firm handles:

• Establishing legal parentage for non-biological parents
• Developing comprehensive parenting plans
• Negotiating custody and visitation schedules
• Protecting adoptive parent rights
• Addressing surrogacy and donor conception issues

We understand that family structures in the LGBTQ+ community can be diverse, and we work to ensure that all parent-child relationships are protected throughout the divorce process.

Child Support Calculations

New York's Child Support Standards Act applies equally to all divorcing parents, regardless of sexual orientation. Child support calculations are based on combined parental income and follow established percentage guidelines. Our same sex divorce attorney ensures accurate income calculations and appropriate support determinations that serve children's best interests while protecting your financial stability.

Navigating Complex Legal Challenges

Spousal Support and Maintenance

Spousal support determinations in same-sex divorces follow the same guidelines as opposite-sex divorces under New York's maintenance statutes. Factors considered include:

• Length of the marriage and pre-marital relationship
• Each spouse's income and earning capacity
• Age and health of both parties
• Contributions to the other's career or education
• Standard of living established during marriage

Our experienced legal team advocates for fair spousal support arrangements that reflect the true nature and duration of your relationship.

Alternative Dispute Resolution

Many same-sex couples prefer to resolve divorce matters through collaborative law or mediation rather than traditional litigation. These approaches can provide:

• Greater privacy and confidentiality
• More control over outcomes
• Reduced emotional stress and conflict
• Cost-effective resolution
• Faster completion of proceedings

The Law Offices of Joseph H. Nivin, P.C. has extensive experience with alternative dispute resolution methods and can help determine whether these approaches are appropriate for your situation.

Why Choose The Law Offices of Joseph H. Nivin, P.C.

Proven Legal Experience

Attorney Joseph H. Nivin has been practicing family law in Queens since 2010, with a J.D. from Brooklyn Law School and a Bachelor of Arts from the University of Pennsylvania. He previously served with the NYC Administration for Children's Services and was recognized as a Super Lawyer from 2015-2022 and 2023-2025. This extensive background provides valuable insight into both family court procedures and child welfare considerations.

Local Queens Knowledge

Our Forest Hills office serves clients throughout Queens County, including neighborhoods like Elmhurst, Jackson Heights, Flushing, Bayside, and Fresh Meadows. We understand the local court system, including the Queens County Supreme Court and Family Court procedures, which can be advantageous when navigating your case.

Personalized Client Service

Every same-sex divorce case is unique, and we provide individualized attention to understand your specific goals and concerns. Our initial consultation fee is credited toward your retainer if you choose to retain our services, demonstrating our commitment to accessible legal representation.

Comprehensive Family Law Services

Beyond divorce representation, our firm handles related family law matters including:

• Orders of Protection
• Modifications and Enforcements
• Paternity proceedings
• Appeals of family court decisions

Frequently Asked Questions About Same-Sex Divorce in Queens

Are same-sex divorces treated differently than opposite-sex divorces in New York?

No. Since marriage equality became law in New York, all married couples receive equal treatment in divorce proceedings. Same-sex couples have the same rights and obligations regarding property division, child custody, and spousal support as opposite-sex couples.

How long does a same-sex divorce take in Queens County?

The timeline varies depending on whether your divorce is contested or uncontested. Uncontested divorces where both parties agree on all terms can be completed in several months, while contested cases may take a year or longer. New York requires a mandatory waiting period of at least six months from when divorce papers are served.

Can I get divorced in New York if we were married in another state?

Yes. New York recognizes same-sex marriages performed in other states and countries. As long as you meet New York's residency requirements, you can file for divorce in Queens County regardless of where your marriage took place.

What are the residency requirements for divorce in Queens?

At least one spouse must meet New York's residency requirements, which include living in the state for at least one year before filing, or having the grounds for divorce occur in New York, among other options. Our same sex divorce lawyer can help determine if you meet these requirements.

How is property divided in a same-sex divorce?

New York follows equitable distribution laws, meaning marital property is divided fairly based on various factors including length of marriage, each spouse's contributions, and financial circumstances. Pre-marital relationships and cohabitation periods may also be considered.

What happens to children in same-sex divorce cases?

Child custody decisions are based on the best interests of the child standard, regardless of parents' sexual orientation. Both legal and biological parents have rights, and courts focus on maintaining stable relationships between children and their parents.

Local Resources and Court Information

Queens County Supreme Court

Same-sex divorce cases in Queens are typically filed at the Queens County Supreme Court, Civil Term, located at:

Jamaica Courthouse
88-11 Sutphin Boulevard
Jamaica, NY 11435

The court's Matrimonial Division handles all divorce cases, including emergency applications and preliminary conferences. Understanding local court procedures and personnel can be valuable when navigating your case.

Community Resources

Queens County offers various LGBTQ+ support services and community organizations that can provide additional resources during divorce proceedings. Our firm can help connect you with appropriate support services while handling the legal aspects of your case.

The Divorce Process in Queens County

Filing and Service Requirements

The divorce process begins with filing a Summons and Complaint or Summons with Notice in Queens County Supreme Court. Proper service of these documents on your spouse is crucial for the court to obtain jurisdiction over your case.

Financial Disclosure

Both parties must complete financial disclosure requirements, including filing statements of net worth and providing documentation of income, assets, and debts. This information is essential for making informed decisions about property division and support.

Temporary Relief

During divorce proceedings, temporary orders may be necessary to address immediate concerns such as:

• Temporary spousal support
• Child custody and visitation
• Exclusive use of the marital home
• Payment of household expenses

Final Resolution

Whether through negotiated settlement or court trial, your divorce will conclude with a Judgment of Divorce that addresses all outstanding issues and legally dissolves your marriage.

Protecting Your Rights During Same-Sex Divorce

Documentation and Evidence

Proper documentation is crucial in same-sex divorce cases, particularly when establishing the timeline of your relationship or protecting pre-marital assets. Our legal team helps gather and organize necessary evidence to support your case.

Privacy Considerations

We understand that privacy may be particularly important in LGBTQ+ divorce cases. Our firm maintains strict confidentiality and can explore options to minimize public disclosure of sensitive information.

Future Planning

Beyond resolving immediate divorce issues, we help clients plan for their post-divorce future, including updating estate planning documents, beneficiary designations, and other legal matters affected by the change in marital status.

Schedule Your Consultation Today

Facing a same-sex divorce can be emotionally challenging and legally complex. The Law Offices of Joseph H. Nivin, P.C. provides compassionate, experienced representation to help you navigate this difficult time while protecting your rights and interests. Our Queens same sex divorce attorney is committed to achieving the best possible outcome for your unique situation.

Don't face this challenging time alone. Contact our Forest Hills office today to discuss your case in a private consultation. Call 347-657-6271 or visit our contact page to schedule your appointment. We serve clients throughout Queens County and are ready to help you move forward with confidence toward your new chapter.