Fort Lee Same-Sex Divorce Lawyer
The legalization of same-sex marriage in the state was a momentous step and a joyous occasion for many same-sex couples. However, as with any marriage, there is always the possibility of divorce. LGBTQ marriages are viewed the same as any other marriage in the eyes of the law, meaning that those going through a divorce must follow the same legal steps.
In the event that you and your partner decide to end your marriage, it is crucial to have a skilled divorce attorney by your side who can walk you through the process. A Fort Lee same-sex divorce lawyer can provide you with the legal guidance you need to move on to the next chapter of your life.
Same-Sex Divorce Under State Law
It is important to understand that laws and rules concerning divorce are equally applied to heterosexual and same-sex couples, including the causes of action for divorce under New Jersey Statutes § 2A:34-2. However, with same-sex divorces, there can be some unique issues that arise that many heterosexual couples might not face.
Issues Based on the Length of the Marriage
Under state law, the earliest a same-sex marriage could have legally happened was in 2013, despite the relationship potentially dating back much further. Two issues that often arise in a divorce case, property distribution and alimony, typically depend heavily on the length of a marriage.
For equitable distribution, the property between the parties might date back to before same-sex marriage was permitted, so the marital property might not accurately encompass the true amount of property owned jointly by a couple. Additionally, when the length of the marriage is only a small fraction of the time the spouses were in a relationship, the spouse earning a lower income could be disadvantaged. A same-sex divorce attorney can work to ensure that an individual receives their fair share of assets.
Child Custody Issues
Child custody also provides some unique issues in same-sex divorces, especially when only one spouse is a child’s biological parent. Some of the common issues can be complex and relate to assisted reproduction and the rights of a non-biological parent. These issues could arise in heterosexual divorces; however, they are much more common in a same-sex divorce. A well-versed Fort Lee same-sex divorce attorney can help parties understand the unique child custody issues they might face during their divorce and work with them to prepare.
Same-Sex Domestic Partnerships and Civil Unions
State law recognized domestic partnerships and civil unions prior to the legalization of same-sex marriages in 2013. Dissolving a domestic partnership or civil union includes similar procedures as a divorce for same-sex couples; however additional issues could arise because these are not the same as a marriage under state law. A knowledgeable same-sex divorce lawyer in Fort Lee could help guide an individual through the dissolution process for domestic partnerships and civil unions.
Reach out to a Fort Lee Same-Sex Divorce Attorney
Seeking a divorce is often one of the toughest times in your life and can be emotionally draining, such that you want to get it over with promptly. However, it is crucial to make sure that your legal rights are protected throughout the process, so that you do not agree to terms that might not be in your best interests. A knowledgeable Fort Lee same-sex divorce lawyer understands this complicated process and can work to pursue a timely and cost-effective divorce. Schedule your free consultation with a dedicated attorney at Moskowitz Law Group today.
