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.
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.
However, if you took steps to legalize your union under New Jersey laws before marriage was legal, the process you follow will be different.
- 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.
- 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.
DeTorres & DeGeorge Family Law Attorneys proudly represent same-sex couples in all family law matters, including divorce, dissolution, custody, child support, alimony and more. Call us now to schedule an appointment.
For more information, please call us at 908-304-9679.