Legal Protection. Personalized Support. Trusted Advocacy.
Divorce is never easy but for LGBTQ+ individuals, the legal process can present additional layers of complexity and vulnerability. At The Law Office of Ramonita Cordero, we understand the legal and personal challenges that can arise during same-sex or LGBTQ+ divorces, and we are here to guide you with clarity, compassion, and strength.
With over 35 years of experience representing clients across New York City including the Bronx, Manhattan, Brooklyn, Queens, and Westchester we advocate fiercely for your rights, your children, and your future.
Understanding Same-Sex Divorce in New York
Same-sex couples enjoy the same legal rights and responsibilities as heterosexual couples when it comes to divorce. However, LGBTQ+ divorces often raise unique issues that require thoughtful legal guidance:
- Pre-marriage cohabitation: Many LGBTQ+ couples lived together for years before they could legally marry. Determining what is considered marital vs. separate property may be complicated.
- Parental rights: Non-biological and non-adoptive parents may face legal barriers in asserting custody or visitation rights.
- Prior domestic partnerships or civil unions: Out-of-state legal relationships may need to be dissolved, or their impact considered.
- Federal benefits and tax matters: Same-sex couples were not always granted equal treatment under federal law, creating unique financial and retirement concerns.
📞 (646) 440-4943
📧 rcordero@corderofamilylaw.com
Common Legal Issues in LGBTQ+ Divorce
Parental Rights and Custody in LGBTQ+ Families
New York courts focus on the best interests of the child, regardless of a parent’s gender or sexual orientation. However, legal complications arise when one parent is not the biological or adoptive parent.
We pursue:
- Custody and visitation rights for non-biological parents
- Second-parent adoptions
- De facto parentage recognition
- Legal safeguards for LGBTQ+ families formed through assisted reproduction, surrogacy, or adoption
Equitable Distribution of Assets
New York uses the equitable distribution standard to divide marital property fairly which is not necessarily equally.
We address complex questions such as:
- Were significant assets acquired before legal marriage but during the relationship?
- How should we value joint investments, businesses, or real estate?
- Is a prenuptial or postnuptial agreement enforceable?
We protect your financial and emotional contributions throughout your marriage.
Spousal Support
The court may award temporary or long-term maintenance to the less-monied spouse, based on income disparity, standard of living, and length of the marriage. We fight for fair and dignified outcomes whether you are requesting or defending against spousal support.
Uncovering Hidden Assets
Some spouses attempt to hide assets through shell companies, cryptocurrency, or international accounts. We work with forensic accountants to locate and value all assets subject to equitable distribution.
📄 Prenuptial and Postnuptial Agreements
We review existing agreements for validity and enforceability and can help you draft new ones to protect your future.
📞 (646) 440-4943
📧 rcordero@corderofamilylaw.com
Frequently asked questions
Can I get divorced in New York if we were married in another state or country?
Yes. As long as either spouse meets New York’s residency requirements, you can file for divorce regardless of where the marriage took place.
How do courts decide custody when one parent isn’t the biological or adoptive parent?
Courts may still recognize non-biological, de facto parents who have acted as a primary caregiver. We build strong cases to establish standing and protect these critical parental bonds.
Can I request child support even if I’m not a legal parent?
Possibly. Courts have the discretion to award child support based on the child’s needs, custody and each parent’s relationship with the child. Legal parentage matters, but functional parenting roles are also considered.
What happens to assets we acquired before we could legally marry?
That’s one of the biggest challenges in LGBTQ+ divorce. We make detailed arguments to show that jointly acquired property, even if purchased pre-marriage, should be subject to equitable distribution.
Can we avoid a trial?
Yes. Most divorces settle through mediation or negotiation. Our goal is always to resolve matters favorably and efficiently — but we prepare every case as if it were going to trial.