Navigating Your Unique Path: Understanding LGBTQ+ Divorce & Separation in NJ

Once same-sex marriage was legalized in New Jersey in October 2013, same-sex couples were granted the same privileges and rights as opposite-sex couples. And with same-sex marriage comes same-sex divorce. Although much of the divorce process is the same for legally married, same-sex couples as it is for heterosexual couples (under the law, there is no difference), there are some variations to note.

 

Divorce for Legally Married Same-Sex Couples

For couples married in New Jersey after October 2013, or for those who were married in another state and meet the residency requirements for divorce in New Jersey, the divorce process is exactly the same as it would be for a heterosexual couple.

Dissolution of Civil Unions & Domestic Partnerships

If you have a civil union or domestic partnership, but have not married, you will not go through a traditional divorce but will require legal counsel to end your legal ties to each other through what is known as a dissolution.

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LGBTQ woman sad trying to navigate divorce in NJ

Comprehensive LGBTQ+ Family Law Services We Provide

As LGBTQ+ divorce lawyers, we offer comprehensive services for you and your family. These include our 4 pillar LGBTQ law services:

1. LGBTQ+ Divorce and Separation

Since the legalization of same sex marriage in New Jersey, LGBTQ divorces and separations have been governed by the same legal standards applied to all divorces and separations. 

If you previously had a civil union or a domestic partnership, then got married when the law changed, and are now getting a divorce, you will need to take additional steps in the divorce process to end the civil union or domestic partnership.

2. Child Custody & Parenting Time for LGBTQ+ Families

Same-sex custody and parenting time laws can differ from heterosexual spouses and parents because, sometimes, only one parent qualifies as a biological parent. A biological parent is immediately recognized as a legal parent, but the non-biological parent will need to establish parentage through either second parent adoption or parentage orders. Both parents are presumed legal parents if the child is born into a same-sex marriage, but it is still recommended that the non-biological parent adopts the children.

3. Child Support & Financial Considerations

Only legal parents can collect or pay child support, so establishing legal parentage is the first step.

4. Alimony & Spousal Support

Alimony laws in New Jersey are gender neutral, which means gender identity and sexual orientation are not a factor in determining alimony. Both same sex marriages and civil unions are treated the same under the law as heterosexual couples.

5. Pre- and Post-Nuptial Agreements

Prenuptial agreements can safeguard pre-marital assets, but they can also help couples to have an open discussion about their goals and expectations. A prenuptial agreement for a same sex couple works the same as it does for any other couple. Having an agreement in place prior to marriage is especially important for couples entering into a marriage with considerable assets, or those who have children from a previous relationship.

6. Domestic Violence & Restraining Orders

Unfortunately, same sex couples experience domestic violence at nearly the same rate as heterosexual couples. It is important to seek help immediately if you are the victim of abuse. A domestic violence restraining order in New Jersey can be obtained by applying either in-person or by phone. You can file a complaint at a police station, at your county courthouse, or during a domestic violence police call. An officer or staff person at the court can assist you in filling out an application for a Temporary Restraining Order, but the legal process and court hearings that follow can be difficult to manage on our own. Legal representation during this time can provide you with the support you need.

Why Choose DeTorres & DeGeorge for Your LGBTQ+ Family Law Needs

  • Experience with Complex LGBTQ+ Legal Histories

Our attorneys have extensive experience handling the legal complexities in LGBTQ+ divorce and family law matters. We are well versed in divorce and separation, complex custody matters, and second parent adoption for same sex couples.

  • Specialized Knowledge in Parental Rights for Non-Biological Parents

LGBTQ+ parental rights in same-sex custody cases proceed exactly as they do for heterosexual couples, but parental rights for non-biological parents can be a confusing matter. Our family law team will help you understand your rights so you can make the best decisions for you and your children.

  • Client-Centered & Empathetic Approach

We understand the concerns you have while navigating your divorce and child custody matter as a member of LGBTQ+ community. Our team of highly skilled and compassionate family law practitioners are here to help guide you through this process.

Ready to Take the Next Step? Contact Our New Jersey LGBTQ+ Divorce Lawyers

DeTorres & DeGeorge Family Law Attorneys proudly represent same-sex couples in all family law matters, including divorce, dissolution, custody, child support, alimony and more. Contact us here or call us now to schedule an appointment.