Hudson County Same-Sex Divorce Lawyer
Same-Sex marriage could end in divorce just like any other marriage. However, because same-sex marriage is still so new, there are certain challenges that only someone who is going through a same-sex divorce may have to face. Navigating a same-sex divorce may be particularly difficult if there is a dispute over child custody as one of the spouses may not be a parent of the child, either biologically or through adoption.
If you are in a same-sex marriage and wish to obtain a divorce or have received notice that your spouse wishes to divorce you, consider exploring your legal options by contacting a Hudson County same-sex divorce lawyer today. The right family law attorney should be highly knowledgeable about the unique issues often involved in same-sex dissolution of marriage cases. With help from a lawyer, you could navigate the divorce process with confidence and make well-informed decisions that positively impact you and your family moving forward.
The Basics of Same-Sex Divorce in Hudson County
Same-sex couples in New Jersey who want to divorce must follow the same process as divorcing opposite-sex couples. However, family law attorneys serving Hudson County may advise that a same-sex divorce presents a variety of unique considerations.
Alimony After an LGBTQ Divorce
Alimony is financial support that one spouse provides to the other following divorce. According to N.J. Rev. Stat. § 2A:34-23(b), family law courts are required to consider a wide array of factors when determining the amount and type of alimony to award, one of the most important being the duration of the marriage. The longer the marriage, the more likely the court would award alimony to one spouse.
The difficulties with alimony in same-sex divorces are that same-sex couples only recently won the right to marry. A same-sex couple may have been in a committed relationship for many years and married only when it became legal to do so. In determining alimony, it is unclear if a court will measure the length of this marriage as the length of the committed relationship or simply the amount of time that has passed since the wedding ceremony.
Division of Assets
Dividing assets in a same-sex divorce follows the same equitable distribution principles as an opposite-sex divorce. Like alimony, the length of the marriage is an influential factor that courts look to when dividing marital assets. A Hudson County attorney with experience handling LGBTQ divorces could fight for all the assets that their party wants, but many things may be off-limits as they were premarital assets.
A divorcing same-sex couple that has been raising a child together very well might have contentious child custody matters to sort through. If one of the spouses is the child’s biological parent and the other has not legally adopted them, a court could determine that the latter spouse has no child custody rights whatsoever. It is hoped that a divorcing same-sex couple finding themselves in this situation would be able to reach a child custody agreement without the need for court intervention, but if it is necessary, an attorney could help them fight for what is right for the child.
Speak with a Hudson County Same-Sex Divorce Attorney Today
When a married LGBTQ couple divorces, they could face a variety of complicated legal issues that have no parallel in other dissolution of marriage cases. The law of same-sex divorce is still new as same-sex marriage only recently gained legal recognition. Contact a Hudson County same-sex divorce lawyer to see how you might benefit from having legal representation during this difficult period.