Monmouth County Same-Sex Divorce Lawyer
Like all other couples, same-sex spouses may face challenges in their relationship that lead them to consider divorce. The requirements to file for divorce are the same for same-sex and opposite-sex couples.
However, because of other circumstances in same-sex relationships, you may face unique challenges throughout the divorce process, particularly regarding child custody and the distribution of assets. For this reason, it is essential to work with a Monmouth same-sex divorce lawyer who understands these challenges. The dedicated divorce attorneys at Moskowitz Law Group today are ready to get to work for you.
Filing for a Same-Sex Divorce in Monmouth County
No matter their gender identity or sexuality, a couple can get divorced in New Jersey if one spouse has been living there for at least one year. A spouse must file a complaint for divorce to begin this process. The other party must respond to the complaint within 35 days with an answer, answer and counterclaim, or a general appearance to partake in the divorce proceedings.
New Jersey is a no-fault divorce state, meaning the court does not require a spouse to prove that the other spouse was at fault for the divorce during the dissolution process. It does not matter whether a spouse committed adultery or walked out. Instead, no-fault divorces are grounded on the fact that the couple has irreconcilable differences, and legal blame is not put on either party. A knowledgeable same-sex divorce attorney can explain divorce requirements in more detail during a free case evaluation.
Challenges Same-Sex Couples May Face in Divorce Proceedings
The legal process of divorce involves addressing many issues, including alimony, child custody, and the distribution of assets. Courts cannot discriminate or give preference in these proceedings based on gender identity or sexuality. However, same-sex couples may face unique challenges depending on other circumstances in their relationship.
Courts typically consider any assets acquired during the marriage to be shared marital property. However, since same-sex marriage was only legalized on a federal level in 2013, long-term couples may dispute what is shared or personal property. For example, same-sex couples may have bought a house together or shared bank accounts before they were legally married. A Monmouth County same-sex divorce attorney can help ensure the distribution of assets considers the entire relationship, not just what has happened since the ceremony.
Custody of children may also become an issue in a same-sex divorce, depending on the legal status of the spouses. If both spouses have a biological or full custodial role in the child’s life, they have an equal claim to custody rights after a divorce. However, some same-sex couples may use surrogacy or invitro fertilization where only one partner is the biological parent and the other partner never obtained any legal custodial rights to the child. If a non-biological parent has not pursued a formal legal adoption of the child, their custodial rights may be threatened in a divorce.
Reach Out to a Monmouth County Same-Sex Divorce Attorney Today
No matter who you are or who you are with, divorce is a painful and complicated process. Although divorce requirements do not discriminate based on gender or sexuality, you may have unique circumstances you want to factor into your divorce proceedings.
A Monmouth County same-sex divorce lawyer can guide you through this difficult time and help you overcome any challenges you may face. Contact Moskowitz Law Group today so we can get to work for you.