Same-Sex Divorce in Queens

A Queens Family Law Firm That Knows Your Courts & Your Community

Same-sex couples in Queens navigating divorce deserve an attorney who understands both the legal landscape and the local one. At Markfeld Law, founding partner Natalie Markfeld has spent over 13 years handling divorce and family law matters in Queens and throughout New York City. She knows the judges, the court procedures, and the attorneys you’re likely to encounter. This can mean less uncertainty for you at an already difficult time.

We handle same-sex divorce in both contested and uncontested form, representing clients throughout Queens, Kings County, the Bronx, Manhattan, Nassau County, and Suffolk County. Whether your situation is straightforward or complex, you’ll work with attorneys who treat your case as the priority it is.

Why Queens Same-Sex Couples Work With Markfeld Law

Natalie Markfeld was named to the New York Super Lawyers Rising Stars list in 2015, 2016, 2017, 2018, 2019, and 2022. This distinction is earned by fewer than 2.5% of New York attorneys in any given year.

Beyond credentials, we take only cases we genuinely believe in. That’s a deliberate choice, and it means every client receives focused representation rather than divided attention spread across a high volume of files. We maintain open communication throughout the process, so you always know where your case stands and what comes next.

What Your Same-Sex Divorce Will Need to Resolve

New York law treats same-sex divorce identically to opposite-sex divorce. Every contested issue that arises in any marriage can arise in yours, and we handle all of them.

Division of Marital Property
New York follows equitable distribution, meaning marital assets are divided fairly rather than automatically split 50/50. The court weighs factors including the length of the marriage and each spouse’s financial situation.

Spousal Support (Maintenance)
Either spouse may be awarded maintenance. Courts consider income, earning capacity, the duration of the marriage, and the standard of living established during the marriage.

Child Custody & Visitation
New York family courts apply the best interests of the child standard regardless of the parents’ sexual orientation or gender identity. Both legal parents (whether biological, adoptive, or recognized through the marriage) have rights to custody and visitation and may owe child support.

Separation Agreements
A negotiated agreement can resolve all issues without court intervention. We draft and review separation agreements that protect your interests.

New York Law & Residency Requirements

New York legalized same-sex marriage in 2011 under the Marriage Equality Act, and the state also recognizes same-sex marriages validly performed in other states or countries. To file for divorce in New York, at least one spouse must meet a residency requirement. The most common paths: either spouse has lived in New York for at least two years before filing, or at least one year if the couple married in New York, lived here as a married couple, or the grounds for divorce arose in New York.

New York is a no-fault divorce state. Either spouse can obtain a divorce by establishing that the marriage has been irretrievably broken for at least six months. Fault-based grounds, such as cruel and inhuman treatment, abandonment, or adultery, remain available but are rarely the strategic choice.

Couples who entered domestic partnerships or civil unions before 2011 may face added complexity. Not all domestic partnerships automatically converted to marriages, and dissolving those arrangements can involve steps separate from the divorce itself.

Parental Rights in Same-Sex Divorce

Child custody in same-sex divorce can be more layered than in opposite-sex cases, particularly when parental rights weren’t formally established at the time of a child’s birth or adoption. If one spouse carried and gave birth to a child during the marriage, the other spouse is generally recognized as the child’s second legal parent. Both parents have the right to seek custody and visitation, and both may be obligated to pay child support.

If parental rights were never formalized through adoption or a court order, establishing legal standing may require additional steps. The sooner you consult with an attorney, the more options may be available to you. Step-parents in same-sex marriages don’t automatically acquire parental rights over a spouse’s child from a prior relationship. Legal adoption is required to establish those rights.

Property Division for Long-Term Same-Sex Couples

Many same-sex couples in Queens lived together and accumulated significant assets for years or decades before same-sex marriage became legal in New York in 2011. That history matters in property division. Marital property generally includes assets acquired during the legal marriage; assets brought into the marriage or received as gifts or inheritance are typically treated as separate property. Distinguishing the two for couples with long premarital relationships often requires thorough documentation and careful negotiation.

Joint accounts, investments, retirement funds, and business interests are all subject to equitable distribution analysis. Prenuptial and postnuptial agreements can define property rights in advance and simplify the process considerably, and we handle those agreements as well.

Working With Markfeld Law on Your Divorce

Natalie Markfeld founded Markfeld Law in 2020 after founding and managing the family law department at Daniella Levi & Associates, PC, for eight years. That background means this firm was built on a deliberate commitment to doing family law well, not as one practice area among many.

Your divorce may be resolved through negotiated settlement, mediation, or, when necessary, contested litigation in Queens Supreme Court. We can assess your situation and explain your realistic options. Our familiarity with the local court system and its judges can help streamline the process when your case is filed in Queens. Throughout, you’ll have direct access to your attorney and clear answers when you need them.

Schedule a Consultation With a Queens Same-Sex Divorce Lawyer

If you’re considering divorce or have already decided to move forward, the right time to speak with an attorney is now. Call (718) 569-8618 or use our online contact form to schedule a consultation with Markfeld Law. We can take the time to understand your circumstances and give you a clear picture of your options.