Changes Ahead for New Jersey Same Sex Marriage

BLOG

Changes Ahead for New Jersey Same Sex Marriage

Until recently, New Jersey currently did not permit same sex marriage, although the state allowed civil unions, offering some of the protections and benefits of marriage under a different name. A recent court case changed the future for same sex couples who want to marry in NJ.

A case called Garden State Equality v. Paula Dow was decided and now allows same sex couples to marry in New Jersey. On September 23, the New Jersey Superior Court ruled that same sex marriage must be allowed in the state, beginning on October 21. At first the state of New Jersey was appealing the ruling and had asked the appeals court for a stay on the date for marriages to begin. Finally the governor decided to stop pursuing the appeal and the first same sex marriages took place in the state on October 21, making New Jersey the 14th state in the union to allow same sex marriage.

The ruling is even more important now that the federal government is required to provide federal benefits to same sex wedded couples. Now that New Jersey couples are permitted to marry, they are eligible for things like Social Security benefits and government family health care, which only apply to married couples (gay or straight, thanks to the Supreme Court ruling striking down the Defense of Marriage Act) and not to couples in equivalent unions, like civil unions.

With the new ruling, New Jersey same sex couples can marry and follow exactly the same procedures for marriage and divorce as heterosexual couples.

DeTorres & DeGeorge is ready to represent you in your family law case, whether it involves a marriage, a civil union, or a non-formalized relationship.

Divorce Guide
Rosanne S. DeTorres
Ms. DeTorres is the managing partner and co-founder of DeTorres & DeGeorge Family Law. She is also only one of 150 attorneys in the State of NJ that is certified by the NJ Supreme Court as a Matrimonial Law Attorney. Ms. DeTorres graduated...
Share on:

knowledge & insights

Children and woman carrying moving boxes

Working With a New Jersey Child Relocation Attorney: The Post-Bisbing Standard

Once your divorce is finalized, you may feel ready for a fresh start.  That might include new friendships, a new relationship or starting a new career.  Any of these changes can result in a desire or even the necessity to relocate.  So here’s what you need to know. If you don’t have...

February 4, 2026 Read More

Retirement plan papers on a desk with a calculator and pen

Our NJ Guide to the QDRO Process

At its core, a divorce is a legal process that not only ends a marriage but also divides shared property. When sorting out the details of a final divorce judgment, the court will consider financial assets and liabilities that have or will continue to accumulate before, during, and after your...

February 1, 2026 Read More

Woman drawing a dollar sign graphic.

How to Financially Prepare for a Divorce

Divorce is a complicated process that can stretch over many months or even over the course of a year or more.  Your financial obligations during this time, however, will not be put on pause.  So it’s extremely important to know how to prepare for a divorce financially. Bills will need to be...

December 9, 2025 Read More

Divorce: The Answers you Need – Before, During & After

Download our eBook today!

  • This field is for validation purposes and should be left unchanged.

Newsletter

  • This field is for validation purposes and should be left unchanged.

follow us
Top