NEW YORK, NY – Same gender couples in Manhattan seeking a private, efficient alternative to contested divorce litigation may benefit from mediation, a process that keeps both spouses in control while addressing issues that arise in a New York divorce. Manhattan divorce mediation attorney Ryan Besinque of The Law Office of Ryan Besinque, PC (https://www.besinquelaw.com/manhattan-divorce-mediation-lawyer/same-sex-divorce-mediation-nyc/) is providing guidance on how same gender divorce mediation works under New York law and what legal considerations are unique to LGBTQ couples.
According to Manhattan divorce mediation attorney Ryan Besinque, same gender divorce mediation is a voluntary, out-of-court process in which a neutral third party facilitates discussions so both spouses can reach binding agreements on property division, spousal maintenance, child custody, and support. New York legalized same gender marriage through the Marriage Equality Act in 2011, and the U.S. Supreme Court extended nationwide marriage equality in Obergefell v. Hodges in 2015. Under New York Domestic Relations Law, same gender couples have access to the same divorce procedures, including mediation, as other married couples. “The mediation process offers LGBTQ couples a private, dignified alternative to courtroom litigation that keeps both spouses in control of the final agreement,” explains Besinque.
Manhattan divorce mediation attorney Ryan Besinque notes that the mediation process follows six stages: an initial consultation where both spouses meet with the mediator and identify the issues that need resolution, financial disclosure where both parties exchange information about income, assets, debts, and retirement accounts, issue identification, negotiation sessions over multiple meetings, preparation of a Memorandum of Understanding summarizing agreed terms, and legal review followed by court filing with the New York Supreme Court. Issues addressed include equitable distribution of marital assets under DRL Section 236(B), separate property claims, spousal maintenance under DRL Section 236(B)(6), child custody and parenting time, child support calculated under the Child Support Standards Act, retirement account division through Qualified Domestic Relations Orders, health insurance continuation, and name changes. Most mediated same gender divorces in Manhattan move through stages in weeks to a few months, compared to one to three years or more for contested litigation.
Attorney Besinque emphasizes that several legal issues arise in LGBTQ divorces and require attention during mediation. Many same gender couples lived together for years or decades before marriage equality made legal marriage available. Under New York’s equitable distribution framework, only assets acquired during the legal marriage are classified as marital property under application of the statute, even when both partners understood their financial relationship as shared throughout a much longer partnership. Assets accumulated during a period of cohabitation before the marriage may be treated as separate property regardless of both parties’ understanding. “Mediation provides an important advantage here,” Besinque adds. “Rather than having a judge apply a rigid statutory rule, both spouses can negotiate an arrangement that acknowledges the full scope of their partnership, including pre-marital contributions, and arrive at terms that reflect a genuinely fair outcome.”
Parental rights present additional challenges in same gender divorces when one spouse is not the biological parent and did not complete a formal adoption. New York courts apply the best interests of the child standard regardless of biological status, but a non-biological parent who is not listed on the birth certificate may need to establish legal standing before custody rights are formally recognized. The New York Court of Appeals addressed this issue in Brooke S.B. v. Elizabeth A.C.C. in 2016, holding that a non-biological, non-adoptive parent who agreed with a biological parent to conceive and raise a child has standing to seek custody and visitation. In mediation, both parents can design custody arrangements that reflect each parent’s role in the child’s life, often producing more workable results than a contested custody proceeding.
“Mediation is typically faster, less expensive, and more private than litigation, and it places the outcome in both spouses’ hands rather than a judge’s,” observes Besinque. “It works best when both parties can communicate openly and engage in good-faith negotiation.” Mediator fees in Manhattan are billed hourly and split between both spouses, with most same gender divorce mediations requiring 6 to 12 hours of sessions. Costs may include independent legal review of the Memorandum of Understanding, preparation of a QDRO for retirement account division, court filing fees, and appraisals for real estate or business interests. Even accounting for all additional costs, a mediated same gender divorce in Manhattan costs significantly less than a contested, litigated proceeding where both sides retain representation.
New York requires at least one spouse to satisfy the residency requirement under Domestic Relations Law Section 230, generally one year of residence, before filing for divorce. For LGBTQ couples with complex residency histories or marriages performed elsewhere before New York legalized same-sex marriage, confirming eligibility to file is essential. New York courts generally recognize such marriages from their original date, which can affect equitable distribution and spousal maintenance.
For transgender individuals, the divorce process may involve a legal name change or an update to gender markers on identification documents, which New York courts can process as part of the divorce proceeding through the New York Supreme Court. Consulting with an experienced family law attorney may help same gender couples navigate the legal and practical aspects of mediation and reach a fair agreement that reflects their relationship.
About The Law Office of Ryan Besinque, PC:
The Law Office of Ryan Besinque, PC is a Manhattan-based law firm focused on divorce mediation, collaborative divorce, contested divorce, child custody, and family law matters. Led by attorney Ryan Besinque, the firm serves same gender couples and clients throughout Manhattan, Brooklyn, Queens, the Bronx, Westchester County, and Nassau County. The office is located at 115 W 25th Street, New York, NY 10001. For consultations, call (929) 251-4477.
Email: ryan@besinquelaw.com
Media Contact
Name
The Law Office of Ryan Besinque
Contact name
Ryan Besinque
Contact phone
(929) 251-4477
Contact address
115 W 25th St 4th floor
City
New York
State
New York
Zip
10001
Country
United States
Url
https://www.besinquelaw.com/
