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New Jersey Same Sex Divorce Lawyers
Experienced Attorneys Guide Spouses of Same Sex Couples through the Divorce Process in New Jersey
Getting married to your partner may have been one of the happiest moments of your life; you and your partner may have even had to wait for years for legal recognition of the rights of same sex couples to get married. But just like any other couple, you may find that your relationship wasn’t meant to last and that it is time for your marriage to end. Divorce is often a traumatic process for any couple who has invested so much time, energy, and emotion into their relationship and has built a life and a family together. It can be easy to lose focus on the need to look out for your rights, interests, and future after your divorce.
At Team Law, our New Jersey same sex divorce lawyers can help guide you through the difficult process of divorce. Although New Jersey’s divorce laws apply equally to same sex and opposite sex couples, our attorneys can help you with some of the unique issues that divorcing same sex couples may face, particularly when it comes to issues of child custody or child support.
Don’t leave your rights and interests to chance. Contact Team Law today for a confidential case review to learn more about your legal rights and options and about how an experienced attorney can help you secure a favorable outcome in your divorce.
Going Through A Same-Sex Divorce Matter And Have Questions? We Can Help, Tell Us About Your Case.
Issues to Be Resolved in Divorce
When New Jersey recognized the right of same sex couples to get married in 2013, same sex couples were able to have their relationships recognized under the same marriage laws applicable to opposite-sex couples. As a result, married same sex couples who are seeking a divorce will need to address all of the same issues that divorcing opposite sex couples face, including:
- Establishing one spouse’s fault for the divorce, or establishing grounds for a no-fault divorce including the waiting periods for separation or irretrievable breakdown of the marriage
- Equitable distribution of marital assets and debts
- Alimony
- Child custody, parenting time arrangements, or visitation rights
- Child support
Of course, same sex couples may face issues unique to same sex couples. For example, when seeking to determine which assets are part of the marital estate and therefore subject to equitable distribution, assets that were held in the name of only one of the spouses prior to the marriage may be ruled by the court to be separate property and not subject to equitable distribution, even though the couple may have lived together in a committed relationship for many years prior to New Jersey’s recognition of same sex marriages.
In addition, issues of child custody and support in same sex divorces can become incredibly complicated if both spouses are not the legal parents of the couple’s children. A biological or legal parent may find it difficult to obtain child support from his or her spouse who is not a legal parent; similarly, spouses who aren’t legal parents may face difficulties in securing custody or visitation rights, even if they have spent years raising those children and forming close emotional bonds.
Team Law Is Ready to Fight to Protect Your Rights and Interests When You Are Getting Divorced in New Jersey
A divorce can come as a shock, especially if you weren’t aware of how unhappy your spouse may have been in your relationship. If you haven’t been preparing for a divorce, it can be difficult to know what to do or what needs to be taken care of to end your marriage. When you choose Team Law to represent you in your divorce, you can expect that our attorneys will take the time to help you fully understand the divorce process and go through all your legal rights and options. We also take the time to get to know you and your family and learn about your goals, concerns, and needs, so that we can put together a legal strategy aimed at getting you the results you want. Our lawyers will work diligently to help you protect your financial interests and your family, including your rights to be with the children you have helped raise and your children’s rights to love and support from both you and your spouse.
Get Advice From An Experienced New Jersey Family Law Attorney. All You Have To Do Is Call 1-800-TEAM-LAW To Receive Your Confidential Case Evaluation.
Contact Team Law Today to Schedule a Confidential Case Review to Discuss Your Same Sex Divorce Matter
If you are considering a divorce, or if you have already served your spouse with divorce papers or received divorce papers filed by your spouse, you need an experienced divorce attorney to represent your rights and interests and fight to ensure that you receive a favorable outcome in your divorce. Schedule a confidential consultation with a New Jersey divorce attorney at Team Law to learn more about your rights and the divorce process and to discuss how our firm can help you in your divorce.
Frequently Asked Questions about Same Sex Divorce in New Jersey
Although same-sex couples could legally marry in New Jersey beginning in 2013, the change in the law did not automatically convert other legally-recognize same-sex relationships, such as domestic partnerships or civil unions, into legal marriages. Instead, same-sex couples with domestic partnerships or civil unions were still required to obtain a marriage license in order to be legally married. Thus, same sex couples who still have a domestic partnership or civil union must obtain termination of their legal relationship according to the laws that recognized those relationships, rather than seeking divorce, which is the process by which legal marriages are dissolved.
No. In New Jersey, child custody laws are gender-neutral. So long as both members of a same-sex couple have legally-recognized parental rights, the courts will make decisions regarding custody, parenting, and child support based only on your child’s or children’s best interests, and not on your or your spouse’s sex, gender identity, gender expression, or sexual orientation.
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