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 can raise distinct questions about property accumulated before New York’s Marriage Equality Act took effect in 2011, parental rights when a non-biological parent never completed a second-parent adoption, and the effects of pre-marriage domestic partnerships or civil unions. At Anthony J. LoPresti, Attorney at Law, we focus exclusively on family law and bring that experience to same-sex divorce representation in Nassau County.

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 stability for couples concerned about the current legal landscape. That framework doesn’t automatically resolve the specific factual and legal complications a marriage may carry.

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

Where Same-Sex Divorces Get Complicated

Property accumulated before legal marriage and unresolved parentage can significantly affect a same-sex divorce. Both require careful attention to the history of the relationship.

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 the state 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.

Effective representation presents a fuller picture of the relationship’s economic reality and 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 may bear no child support obligation. That can leave the biological parent financially exposed while raising a child alone. The outcome depends heavily on whether an adoption was completed, how the child was conceived, and what legal steps 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 formally adopted, both parents hold equal legal status, and custody proceeds under the same best-interests-of-the-child standard that applies in a divorce.

Post-Divorce Maintenance in a Same-Sex Divorce

Post-divorce maintenance is governed by Domestic Relations Law § 236(B)(6). The statutory guideline calculation applies to the paying spouse’s income up to the applicable income cap. A court can also consider income above that cap and statutory factors when deciding whether an adjustment is appropriate.

The guideline formula changes when the higher-earning spouse will also pay support for the children. In that situation, the calculation compares 20% of the payor’s income minus 25% of the payee’s income with 40% of the spouses’ combined income minus the payee’s income. The lower result is the guideline amount.

When the payor has no such obligation, the calculation compares 30% of the payor’s income minus 20% of the payee’s income with 40% of combined income minus the payee’s income. Again, the lower result controls. If the applicable formula produces a zero or negative result, the guideline maintenance amount is zero dollars.

Duration is a separate issue. New York uses an advisory schedule tied to the length of the legal marriage, which can be especially significant for couples who shared finances and family responsibilities for years before they could marry. The schedule is advisory rather than automatic, and the final terms depend on the statutory framework and the facts presented to the court.

How Same-Sex Divorce Works in Nassau County

To file for divorce in New York, at least one spouse must satisfy a residency condition under Domestic Relations Law § 230. The state 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 applicable orders concerning property, support, and custody.

The five New York residency paths are:

• The marriage took place in the state, and one spouse maintained continuous state residency for the year immediately preceding filing.
• The spouses lived together in the state as a married couple, and one spouse maintained continuous state residency for the year immediately preceding filing.
• The grounds for divorce occurred in the state, and one spouse maintained continuous state residency for the year immediately preceding filing.
• The grounds for divorce occurred in the state, and both spouses are residents when the action begins.
• Either spouse maintained continuous state residency for the two years immediately preceding filing.

The applicable condition depends on where the marriage occurred, where the spouses lived, where the grounds arose, and how long either spouse has maintained state residency. We review those facts so the pleadings reflect the appropriate statutory basis.

We handle same-sex divorces through contested proceedings, uncontested agreements, and mediation, depending on the circumstances. Mediation can be useful when parties disagree on LGBTQ-specific issues and want to pursue a negotiated resolution without full litigation. We manage all court filings, deadlines, and paperwork throughout the process to keep the case 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 parentage established at birth, custody is decided under the best-interests-of-the-child standard used in Nassau County divorces. 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, establishing standing to seek custody or visitation may require arguments grounded in state 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 gives us experience with the property, parentage, custody, and support issues that can shape a same-sex divorce.

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.

These affiliations reflect our engagement with the legal profession and the community. We tailor our representation to your circumstances, taking 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 choosing a course of action. Whether your situation involves contested custody, property disputes, or unresolved parental rights, we can assess the legal and practical issues with you.

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