Same-Sex Divorce Lawyer in Nassau County

Nearly Three Decades of Exclusive Family Law Practice for Nassau County LGBTQ Clients

Same-sex divorce follows New York’s standard divorce framework, but it also raises issues general divorce counsel often hasn’t worked through: property accumulated during years of cohabitation before New York’s Marriage Equality Act took effect in 2011, parental rights for a non-biological parent who never completed a second-parent adoption, and the downstream effects of pre-marriage domestic partnerships or civil unions. At Anthony J. LoPresti, Attorney at Law, we’ve practiced family law exclusively for nearly three decades, and we handle same-sex divorce in Nassau County with that full depth of experience behind us.

Nassau County Supreme Court governs matrimonial proceedings here, and LGBTQ couples have the same right to divorce as any married couple under New York’s Domestic Relations Law. The Respect for Marriage Act (2022) provides federal recognition of same-sex marriages validly performed in any state, offering a measure of stability for couples concerned about the current legal landscape. What that framework doesn’t automatically resolve are the specific factual and legal complications your marriage may carry.

Call us at (516) 252-0223 to schedule your free one-hour consultation. We serve clients throughout Nassau County and Long Island and can walk through the details of your situation with you.

Where Same-Sex Divorces Get Complicated

Two issues come up in same-sex divorces that rarely surface in others, and both require careful legal attention.

Pre-2011 Cohabitation & Marital Property

New York is an equitable distribution state, meaning marital assets are divided fairly based on factors including the length of the marriage, each spouse’s income and contributions, and the standard of living established during the marriage. The legal marriage date controls that calculation. For same-sex couples, the earliest possible marriage date in New York is July 24, 2011, when the Marriage Equality Act became effective. Nationwide recognition came with Obergefell v. Hodges in 2015. A couple who built a home, shared finances, and raised children together for fifteen years before 2011 may see only a fraction of that relationship counted when assets and spousal maintenance duration are calculated. Property acquired before the legal marriage is generally treated as separate property and excluded from division.

Advocating for a fuller picture of the relationship’s economic reality is exactly the kind of representation same-sex divorce clients need, and it requires familiarity with how Nassau County courts approach equitable distribution arguments.

Non-Biological Parental Rights

If a non-biological parent never completed a second-parent adoption, they may have no legal custody or visitation rights in a divorce proceeding and bear no child support obligation, which can leave the biological parent financially exposed while raising a child alone. The outcome depends heavily on the facts: whether an adoption was completed, how the child was conceived, and what legal steps, if any, were taken to establish parentage at or before birth.

New York’s Child-Parent Security Act allows intended parents in same-sex couples to be recognized as legal parents of a child born through surrogacy or assisted reproduction at or before birth. If the non-biological parent did formally adopt, both parents hold equal legal status and custody proceeds under the same best-interests-of-the-child standard that applies in any New York divorce.

How Same-Sex Divorce Works in Nassau County

To file for divorce in New York, at least one spouse must meet the residency requirements of Domestic Relations Law § 230. New York recognizes no-fault divorce based on an irretrievable breakdown of the marriage for at least six months, alongside fault-based grounds such as abandonment and cruel and inhuman treatment. The divorce concludes with a Judgment of Divorce issued by Nassau County Supreme Court, incorporating all orders on property, support, and custody.

The most common residency paths are:

• The marriage took place in New York and at least one spouse has lived here for at least one year
• The spouses lived together in New York as a married couple and at least one spouse has lived here for at least one year
• Either spouse has lived in New York continuously for at least two years before filing

We handle same-sex divorces through contested proceedings, uncontested agreements, and mediation, depending on what the circumstances call for. Mediation can be particularly useful when parties disagree on LGBTQ-specific issues and want a negotiated resolution without full litigation. We manage all court filings, deadlines, and paperwork throughout the process, keeping things moving efficiently and cost-effectively.

Child Custody & Support in Nassau County Same-Sex Divorce

When both parents hold legal parental status, whether through adoption or legal parentage established at birth, custody is decided under the same best-interests-of-the-child standard as any Nassau County divorce. A parent’s sexual orientation or gender identity isn’t a permissible factor in that analysis under New York law. Child support is calculated under the Child Support Standards Act, which considers both parents’ incomes and the number of children, and applies identically in same-sex divorces.

When one parent’s legal status is uncertain, the stakes are considerably higher. Establishing standing to seek custody or visitation may require arguments grounded in New York case law, and the outcome isn’t guaranteed. We handle custody and support matters as part of our same-sex divorce representation and work to protect our clients’ parental relationships throughout the process.

Why Nassau County LGBTQ Clients Choose Anthony J. LoPresti, Attorney at Law

Our practice covers family law and nothing else. That exclusive focus, maintained for nearly thirty years, means we’ve worked through the kinds of issues same-sex divorce raises rather than encountering them for the first time in your case.

Our credentials and approach:

• Attorney Anthony J. LoPresti is a member of the Nassau County Bar Association’s Matrimonial Committee, the body directly engaged with divorce practice in Nassau County
• Member of the New York State Bar Association and the Nassau County Bar Association
• Board member of Ronald McDonald House, reflecting longstanding community involvement across Nassau County and Long Island

That involvement helps us stay current on how courts here are handling the issues that matter most to LGBTQ clients. We also believe representation should be tailored to your circumstances, not built around a template. Pre-2011 asset complications, parental rights questions, and prior civil union status each shape a case differently, and we take the time to understand your full situation before advising you on a path forward.

Schedule a Free Consultation for Your Same-Sex Divorce

If you’re considering a same-sex divorce in Nassau County or anywhere on Long Island, the first step is a conversation. We offer a free one-hour initial consultation so you can understand your options before committing to a course of action. Whether your situation involves contested custody, pre-2011 property disputes, or unanswered questions about parental rights, we’re prepared to work through it with you.

Contact Anthony J. LoPresti, Attorney at Law today at (516) 252-0223 or reach us through our online contact form to schedule your free one-hour consultation.