Barry M. Katz, Attorney at Law
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DOMESTIC PARTNERSHIPS AND SAME-SEX FAMILY LAW

Same-sex couples do not presently have the right to legally marry in the State of New York. The extensive protections that apply to married couples do not extend to same-sex couples. Without appropriate planning there is no safety net to protect the rights of same-sex partners. Barry has considerable expertise and experience in meeting the needs of same-sex couples who are in committed relationships with each other. Barry counsels and represents his clients in the following areas:

  • New York City Domestic Partnerships - A Domestic Partnership in New York City may be registered by two people where either or both of the parties are at least 18 years old, are New York City residents, or at least one person is employed by the City of New York on the date of registration. Neither party can be married or related by blood in a way that would bar his or her marriage in New York State. The parties must have a close and committed personal relationship and live together on a continuous basis. Neither party can be registered in any other Domestic Partnership and cannot have been registered as a Domestic Partner within six months of the date of registration.

  • Domestic Partnership and Living Together Agreements - These agreements specify each partner's rights and responsibilities in their relationship together. They address the partners' division of property, assets, minor children, health benefits, housing rights and other related individual issues specific to the couple while they are together, or in the event of a separation or a dissolution of their relationship.

  • Dissolution Agreements – When relationships do not work out, these agreements can help ease the transition of the parties out of the relationship. They are tailored to address and resolve the specific issues relevant to each of the parties based upon the individual facts and circumstances of their particular living together situation.

  • Collaborative Resolution - A relatively new form of dispute resolution in New York where both parties are represented by lawyers of their own choosing to protect their interests. The parties agree to reach a negotiated settlement and not to litigate in court. It is the middle ground between mediation and adversarial litigation. A collaborative divorce is likely to be far less expensive and time consuming than the costs and time involved in a court proceeding.

  • Estate Planning - With the ever present changing rules of law relating to inheritance rights, same-sex couples should insure their protection through appropriate estate planning. The preparation of Wills, Health Care Proxies, Living Wills, Durable Powers of Attorney, second-parent adoptions, releases for access to medical information, directions for the disposition of a partner's remains and authorizations to obtain medical care for their children should each be considered and addressed.

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