From Juan Luciano Divorce Lawyer - Bronx - Bronx Same-Sex Divorce Attorney Serving New York Couples looks at the distinct legal circumstances same-sex spouses encounter when divorcing in New York, especially when relationships began long before marriage equality became law in 2011. The description covers how couples who accumulated assets, purchased homes, or started families before achieving legal recognition need targeted guidance on handling property division and parental rights, along with residency requirements, grounds for filing, equitable distribution, spousal support, and prenuptial agreements.
The episode explains that New York recognized same-sex marriage through the Marriage Equality Act in 2011, and Domestic Relations Law Section 10-a gives same-sex couples the exact same right to marry and divorce as different-sex couples. It also references United States v. Windsor, 570 U.S. 744 (2013), which struck down the definition of marriage in the Defense of Marriage Act, and Obergefell v. Hodges, 576 U.S. 644 (2015), which established a nationwide constitutional right to marry. Listeners will hear how residency rules under Domestic Relations Law Section 230 and the grounds for divorce under Domestic Relations Law Section 170 apply equally to same-sex couples, along with how equitable distribution under Domestic Relations Law Section 236 addresses property acquired before and during a marriage.
The discussion also turns to child custody and parental rights, noting how Matter of Brooke S.B. and the Child-Parent Security Act (CPSA) allow non-biological or non-adoptive parents who agreed to conceive and raise a child together to establish legal standing and parentage rights, with second-parent adoption remaining the strongest protection across state lines. The episode highlights the background of Juan Luciano, Esq., who earned his J.D. from the University at Buffalo School of Law and has practiced family law and domestic relations in New York City since 2005, appearing regularly in the Supreme Court of Bronx County and Bronx Family Court on divorce, custody, and support matters.
Call Juan Luciano Divorce Lawyer at (718) 519-8336 to schedule a confidential consultation and discuss residency, property division, spousal support, prenuptial agreements, and parentage questions as they apply to your family. The firm represents clients throughout the Bronx and the five counties that make up New York City, including the Bronx, New York, Kings, Queens, and Richmond, guiding couples through both negotiated settlements and contested litigation involving matters like prior civil unions and second-parent adoptions.
Juan Luciano Divorce Lawyer - Bronx
187 E 163rd St, Bronx, NY 10451
(718) 519-8336
https://www.google.com/maps?cid=12209259138199663041