Same-Sex Divorce We are a caring and compassionate firm that will aggressively fight for you.

Same-Sex Divorce Attorney in Nassau County, NY

Full-Service Family Law Representation for Every Issue Your Case Raises

Same-sex couples in Nassau County, New York, have the same right to divorce that they have to marry, with full access to property division, spousal support, and custody protections under New York’s Domestic Relations Law. At Law Office of Tzvi Y. Hagler, P.C., we handle every dimension of a same-sex divorce in a single practice, so you don’t piece together representation issue by issue. Our firm is built around family law, and we approach each case with strategy tailored to that client’s specific facts.

We represent clients throughout Nassau County and across New York, including Suffolk, Queens, Kings, Manhattan, Rockland, Richmond, Orange, and Westchester counties.

If you’re facing a same-sex divorce in Nassau County, we can help you understand your rights and protect them. Call (516) 514-3868 to schedule a consultation.

Why Same-Sex Divorce Involves Distinct Legal Considerations

Same-sex divorce follows the same legal process as any other divorce in New York, but the facts that shape a case can look very different. Parental rights, asset timelines, and marriage recognition across state lines each introduce legal questions that require careful attention.

Three issues come up consistently in these cases:

Non-biological parent rights: A co-parent who raised a child but never established legal parentage through second-parent adoption, a judgment of parentage, or another recognized legal pathway may have limited or no enforceable custody or visitation rights upon divorce, regardless of how involved they were. New York’s parentage laws in this area are unsettled and fact-specific, making early legal guidance essential.
Asset timelines: Couples who cohabited or held domestic partnerships before legally marrying may have assets that predate the marriage. Under equitable distribution, only marital property is divided, so tracing which assets are separate versus marital requires careful documentation.
Out-of-state marriages: New York recognizes same-sex marriages lawfully performed in other states and countries. Couples who married in Massachusetts, Vermont, or elsewhere before New York’s Marriage Equality Act took effect in 2011 can divorce here if they meet residency requirements.

What We Handle in a Same-Sex Divorce

Because family law is our dedicated practice area, we handle every issue a same-sex divorce may raise without referring clients out. That scope matters when multiple issues are interconnected.

We represent clients in:

Equitable distribution of marital property, including real estate, retirement accounts, and business interests
Spousal maintenance, both temporary and post-divorce
Child custody and parenting time arrangements
Child support calculations and modifications
Enforcement of prenuptial and postnuptial agreements
Legal parentage determinations

Cases may proceed as uncontested divorces, contested divorces, or through mediation and collaborative divorce, depending on what the parties can agree on and what requires court resolution.

Parental Rights in Same-Sex Divorce

Legal parentage is the threshold question in any custody dispute. Without it, a parent may have no standing to seek custody or visitation and may have no obligation to pay child support.

New York law establishes parentage in several ways. When a married woman gives birth, her spouse is automatically listed on the birth certificate. For male same-sex couples using a gestational surrogate, New York’s Child-Parent Security Act (effective February 15, 2021) allows both intended parents to establish legal parentage through a pre-birth order, regardless of genetic connection, eliminating the need for a post-birth adoption when the statutory requirements are met. If a surrogacy agreement and pre-birth order were not obtained, the non-biological partner may still need to pursue a judgment of parentage or adoption to secure legal status. If second-parent adoption or a judgment of parentage was completed before the divorce, both parents are treated equally, and custody is determined under the best interests of the child standard. If it was not, the non-biological parent may have limited or no custodial rights under current New York law. Consulting an attorney promptly can help protect any available claims.

Property Division & Spousal Maintenance

New York divides marital assets through equitable distribution, meaning fairly rather than equally, based on factors including the length of the marriage, each spouse’s economic circumstances, and contributions to the household. Marital property generally covers assets acquired from the date of marriage through the date the divorce action is filed.

For same-sex couples with long domestic partnerships before marriage, assets from that pre-marriage period are generally treated as separate property unless they were commingled with marital funds. This distinction often requires careful tracing. Spousal maintenance is available to same-sex spouses under the same statutory formula that applies to all New York divorces, with no gender presumption in how it’s calculated. A valid prenuptial or postnuptial agreement can define property rights and maintenance terms in advance, and we can advise on enforceability if one exists.

Contested & Uncontested Same-Sex Divorce

An uncontested divorce occurs when both spouses reach agreement on all issues and present a signed settlement to the court. When agreement isn’t possible, the case proceeds as a contested divorce through Nassau County Supreme Court, which has jurisdiction over matrimonial actions for Nassau County residents. No-fault grounds, based on the irretrievable breakdown of the marriage for at least six months, are the most common path and are fully available to same-sex couples.

Mediation can help parties reach resolution without full litigation. In collaborative divorce, both spouses and their attorneys commit to settling outside of court. We can advise on which path fits your situation.

Why Clients in Nassau County Choose Law Office of Tzvi Y. Hagler, P.C.

We don’t apply a standardized process to divorce cases. We take time to understand each client’s priorities, whether that’s protecting a parental relationship, preserving financial stability, or reaching resolution efficiently, and build a strategy around those goals. Clients have direct access to their attorney throughout the case, not just at filing and final hearing.

Our practice is based in Nassau County and serves clients across New York, including Long Island and the broader metro area, so we’re prepared to handle cases that cross county lines or involve assets in multiple jurisdictions.

Speak with a Same-Sex Divorce Attorney in Nassau County

Your case deserves representation that covers every issue without gaps. Law Office of Tzvi Y. Hagler, P.C. handles the full scope of family law matters that arise in a same-sex divorce, from property and support to custody and parentage. Call (516) 514-3868 or contact us online to schedule a consultation.

New York Residency Requirements & Grounds for Divorce

Before filing for divorce in New York, one or both spouses must meet the state’s residency requirements under Domestic Relations Law §230. Generally, at least one spouse must have lived in New York for two years. A one-year residency may be sufficient if the marriage took place in New York, if the parties lived together in New York as a married couple, or if the grounds for divorce arose in New York.

No-fault grounds, the most commonly used basis for divorce, require asserting that the marriage has irretrievably broken down for at least six months. New York also recognizes fault grounds, including cruel and inhuman treatment, abandonment for at least one year, adultery, and imprisonment for three or more years. The divorce action is filed in the Supreme Court of the county where either spouse resides. For Nassau County residents, that is Nassau County Supreme Court.

Second-Parent Adoption & Legal Parentage

Second-parent adoption allows a non-biological parent in a same-sex marriage to legally adopt their partner’s child without removing the biological parent’s rights. Once completed, both parents hold equal legal status, and custody is determined by the best interests of the child standard.

Without a completed second-parent adoption or other legal recognition of parentage, a non-biological co-parent may have limited or no enforceable right to custody or visitation under New York law. Couples who didn’t complete this process before filing for divorce may still have legal options. Reaching out to an attorney promptly can help preserve any available claims.

Prenuptial & Postnuptial Agreements in Same-Sex Marriage

Prenuptial agreements define how property and debts will be divided and whether spousal maintenance will be paid if the marriage ends. They are enforceable in New York when properly executed. Postnuptial agreements serve the same purpose and can be entered into at any point during the marriage.

If a prenuptial agreement was signed in another state, a New York court will interpret it under New York law unless the agreement contains a choice-of-law provision designating another state’s law. For same-sex couples who married after a long domestic partnership, a prenuptial agreement may also address assets accumulated during the partnership period before the marriage date.

Out-of-State Same-Sex Marriages & New York Recognition

New York recognizes same-sex marriages lawfully performed in other states and foreign countries. Couples who married in states that recognized same-sex marriage before New York, such as Massachusetts or Vermont, can divorce in New York if they meet residency requirements. The Supreme Court’s 2015 decision in Obergefell v. Hodges eliminated prior multi-state recognition problems by requiring all states to recognize and license same-sex marriages.

Couples who converted domestic partnerships or civil unions into marriages may have unresolved questions about where the asset timeline begins: at the marriage date or the earlier partnership date. This distinction affects what is classified as marital versus separate property under equitable distribution and is worth addressing with an attorney early in the process.

Why Choose Law Office of Tzvi Y. Hagler, P.C.?

Availability to Clients
We are here to help you in your time of need. We offer appointments in the evenings and on Sunday.
Strives to Achieve the Client’s Goals
We strive to ensure that all of our clients are satisfied with our representation.
Personalized Attention and Dedication
We provide specialized attention and dedication to every single case that we work on.
Experience You Can Count On
Our attorneys have over a decade of experience in past cases and client satisfaction.

Same-Sex Divorce in Nassau County: Local Courts & Long Island Clients

Law Office of Tzvi Y. Hagler, P.C. is based in Nassau County and represents clients across Long Island and the New York metro area. Matrimonial actions for Nassau County residents are handled through Nassau County Supreme Court, and clients from Suffolk County and surrounding areas have access to the same Domestic Relations Law protections throughout their proceedings.

How the Divorce Process Works in Nassau County

The process begins with filing a Summons with Notice or Summons and Complaint in Nassau County Supreme Court. For uncontested divorces, both spouses sign a settlement agreement covering property, support, and custody; the court reviews the agreement and enters a Judgment of Divorce. Contested cases move through discovery and court appearances, and potentially a trial, before a judge issues the Judgment of Divorce. Mediation can be introduced at any stage to help the parties reach agreement and avoid a full hearing.

Spousal Maintenance in Same-Sex Divorce

New York uses a statutory formula to calculate both temporary and post-divorce spousal maintenance based on each spouse’s income. The length of the marriage, each spouse’s earning capacity, contributions to the household, and the standard of living established during the marriage all factor into the court’s determination. There is no gender presumption in how maintenance is awarded, so either spouse in a same-sex divorce may be eligible to seek it. Where a valid prenuptial or postnuptial agreement addresses maintenance, its terms may override the statutory calculation.

Contact a Same-Sex Divorce Lawyer in Nassau County

Whether your case involves a straightforward uncontested divorce or a complex dispute over property, custody, or parentage, Law Office of Tzvi Y. Hagler, P.C. can handle it. Call (516) 514-3868 to reach our Nassau County office and schedule a consultation.

Domestic Partnerships, Civil Unions, & Marriage: How Prior Status Affects Divorce

New York doesn’t recognize common-law marriage established within the state. Long-term cohabitation without formal marriage or domestic partnership registration creates no automatic property or support rights. A domestic partnership registered in New York City or another municipality provides some but not all rights of marriage.

Same-sex couples who converted a domestic partnership or civil union into a marriage may need to address assets and debts accumulated during the partnership period. Depending on the circumstances, those assets may or may not be treated as marital property. Couples in this situation are advised to consult an attorney to determine how the prior period affects property classification before the divorce proceeds.

How Equitable Distribution Works in New York Same-Sex Divorce

New York divides marital property fairly based on the circumstances of the marriage, not equally. Marital property generally includes assets and debts acquired from the date of marriage through the date the divorce action is filed. Separate property includes assets owned before marriage and gifts or inheritances received by one spouse.

For same-sex couples who cohabited or held domestic partnerships before marrying, assets from that pre-marriage period are generally classified as separate property unless they were commingled with marital funds. Business interests, retirement accounts, and real property are among the most commonly contested assets in equitable distribution proceedings.

Filing for Same-Sex Divorce in New York: Steps from Start to Finish

Jurisdiction is established by confirming that one or both spouses meet New York’s residency requirements. The filing spouse files a Summons with Notice or Summons and Complaint in Nassau County Supreme Court, and the other spouse is served with papers. The complaint sets out the grounds for divorce and any requests for temporary relief, such as interim custody arrangements, support, or exclusive use of the marital home. The case concludes with a Judgment of Divorce entered by the court, incorporating all agreements or rulings on property, support, and custody.

Divorce Agreements & Enforcement

A divorce settlement agreement is a legally binding contract addressing property division, spousal maintenance, child custody, parenting time schedules, and child support. Once incorporated into the Judgment of Divorce, it is enforceable as a court order. If a former spouse fails to comply, whether by withholding support payments, refusing to transfer property, or violating custody terms, the other party can seek enforcement through the court. Modification of agreement terms is possible when there is a substantial change in circumstances, such as a significant shift in income or a change in a child’s needs.

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