New Jersey Same-Sex (LGBT) Divorce
Representing NJ clients in same-sex divorces
The LGBT community has struggled through years of injustice. The LGBT community has endured years of bigotry at the hands of lawmakers on a state and federal level. Until recently, if a couple wanted a same-sex marriage, they had to travel to one of few states that believed marriage was the right of all Americans. States like Vermont and Massachusetts were two states that would see an influx of people who wanted to call their partner husband or wife. Unfortunately, when the newlyweds would return to their states, they had no rights as a married couple. When people sought a divorce, they would return to Vermont and Massachusetts only to see that they did not meet the residency requirements of the states, trapping them in marriages they didn’t want to be in anymore. Luckily, times have changed and same-sex marriages and divorces are federal law. When a member of the LGBT community wants to dissolve a marriage, they will face the same issues as any other couple.
LGBT Divorces in NJ
Most of the issues a heterosexual couple must address during their New Jersey divorces are the same for same-sex couples. In New Jersey, a residency requirement must be satisfied before a court can take jurisdiction over a divorce case. In New Jersey, one or either spouse must have lived in the state for at least a year. New Jersey is a “no-fault” divorce state, meaning that a spouse can cite irreconcilable differences as the grounds for divorce. Though NJ does tout itself as a “no-fault” state, it is not a pure one and will allow for a spouse to cite “fault” grounds, including adultery, abuse, incarceration, and abandonment.
When grounds for divorce are cited and the state’s residency requirement is satisfied, same-sex couples need to address the same marital issues as any other couple. Same-sex couples must address spousal support and marital property distribution. If children are involved in the divorce, child support and child custody will also have to be addressed.
Mediation or collaborative divorce might be the right answer for your New Jersey same-sex divorce
Mediation and collaborative divorce are great ways to save money and time when getting a divorce. When a couple can put aside their emotions and discuss their differences, they can work towards the same goal of divorce. Often, when a couple can discuss and agree on contested issues, they can live with the outcome because their fate is in their hands and not to be decided on by a judge. The state will often advocate for mediation when the circumstances are right in order to save them and the couple time and money. If you are in need of our mediation or collaborative divorce services, contact The Salvo Law Firm.
Contact a law firm that cares
Our compassionate legal team understands this is a difficult time. We are here to ease you through your divorce and guide you towards a better life. We are committed to every client and will work tirelessly to achieve your goals. If you need our legal services, contact The Salvo Law Firm.
