Since the U.S. Supreme Court overturned the Defense of Marriage Act in 2015, an estimated 491,000 same-sex couples have married. Unfortunately, these marriages are just as likely to end in divorce if the relationship sours. In spite of the legality of gay marriages, New York residents who choose to file for a same-sex divorce may face obstacles that do not apply to heterosexual marriages.
One of the first considerations for a same-sex couple seeking a divorce is the current legal status of their relationship. Before the 2015 ruling, many couples filed for a domestic partnership. Once same-sex marriage was legalized, many states converted these partnerships to marriages. However, even though New York legally recognized these marriages before the 2015 decision, if a couple married in another state, they may need to go through another step before their marriage can be dissolved.