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the difference with lgbtq divorces
uh for the most part they’re relatively
the same
with some key major differences
primarily they’re relatively new
uh they’ve only been around for i would
say less than 10 years so the case law
when we get into litigation
is limited when we get into specific
issues
about support specific issues about
custody when there’s kids involved when
there’s assets involved debt involved
and especially different when let’s say
they went from legal partners to spouse
or vice versa and then we’re dealing
with a whole new slew of issues but for
the most part they are relatively the
same with the key difference being that
there’s not enough
background on lgbt divorces in the state
of new york
unlike traditional or you know husband
and wife divorces which have been around
for
uh ever
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NY family law attorney Russel Morgan, Esq. discusses the different issues in an LGBTQ divorce compared to divorce in a traditional marriage. He notes that LGBTQ divorces are, for the most part, similar to traditional divorces, but there are some key differences. Primarily, these cases are relatively new, having existed for less than a decade, which means the case law is limited, especially when litigation involves support, custody, assets, or debt. Additional complexity arises when parties transition from legal partners to spouses, or vice versa, introducing a new set of legal considerations. Despite these nuances, the fundamental processes remain much the same, with the main distinction being the lack of extensive legal precedent for LGBTQ divorces in New York compared to traditional husband-and-wife divorces.
