With Gay Marriage Comes Gay Divorce

The debate on gay marriage is one of the most hotly contested topics in the country, but few have considered the effects of gay divorces.

In light of the recent report published by the State Senate's Independent Democratic Conference, which showed marriage equality in New York would generate $391 million over the first three years it is put into law, local lawyers have been considering that gay divorce could potentially bring in tens of millions of dollars for the state economy.

"You've got some of the most wealthy, conservative lawyers coming out in support of same-sex marriage now because of the economic benefits," said Sherri Donovan, a Manhattan-based attorney who serves the Fort Greene and Clinton Hill communities, and is an outspoken advocate for gay rights. "New York City is progressive, but to get anything passed through the state is still extremely difficult."

The IDC report claimed that 21,309 gay and lesbian couples in New York would get married during the first three years the law is put into place. With New York's current divorce rate of 8.4 percent, that would mean 1,790 of these couples could potentially split up.

"The minimum cost of a divorce proceeding is about $1,000, so at the very least, this would bring in nearly $2 million for the state economy," said Donovan. "Of course, that's also assuming that all of these break-ups are amicable and uncontested, which they likely won't be, so it could be a lot more."

Donovan said the cost of divorces varies greatly based on how amicable the break-up is. A "French Bistro" divorce, which is mutually agreed upon and uncontested, will cost around $1,000-2,000. Approximately 20 percent of divorces are amicable in nature.

Middle level divorces, which may involve a house or a pension, but no custody disputes, can range anywhere from $5,000-20,000. Donovan said that approximately 60 percent of divorces fall into this category.

Finally, a "War Zone" divorce involving custody that requires litigation can cost tens of thousands of dollars, if not more. Retaining the services of a lawyer during these proceedings, which consist of the final 20 percent of divorces, run anywhere from $250-400 per hour.

"Even if a divorce is uncontested, there should always be a legal consultation," said Donovan. "Getting married can be as simple as going to the courthouse, but there's a lot of paperwork involved with splitting up and you need a lawyer to help draft the terms."

Donovan, who works with same-sex couples for proceedings related to domestic partnerships, said the nature of gay divorces are no different from those in the heterosexual world.

"I've done a lot of custody cases with lesbian couples, and the same issues still come up," said Donovan. "There are finances and emotions involved, people get upset or hurt or nasty. It's high conflict, regardless of your orientation."

However, some local couples believe that their fight for the right to get married will make their partnership last.

"I've been with my partner for 15 years, so I doubt that us getting married would change the day to day nature of our relationship, and can assume that would probably be the same for other couples in our position," said Clinton Hill resident Ben Johnson. "If anything, having to fight so hard to get married would make me value that commitment even more."