New Jersey LGBT Divorce Lawyer
The last ten years have seen massive changes in the rights of members of the LGBT community in New Jersey and around the country. Perhaps most important is the ability to get married and enjoy the same rights as all other married couples.
Today, LGBT marriages are the same as those between hetero people in the eyes of the law. This means that an LGBTQ couple going through a divorce must still follow the same legal procedures.
A New Jersey LGBT divorce lawyer could help individuals to protect their rights during a divorce. This includes fighting for property rights, the implementation of an alimony order, and the ability to retain custody of children.
New Jersey LGBTQ Marital Law
Modern laws in New Jersey grant equal rights and protections to LGBT people and couples. New Jersey family laws, such as New Jersey Revised Statute §2A:34-10 that require one party to have lived in the state for at least one year before filing for a divorce, apply equally to couples of all sexual orientations.
It follows that LGBT couples must also satisfy one of the qualifying factors to seek a divorce. Most divorces allege that irreconcilable differences have occurred that make a continuance of the marriage impossible. To serve as the basis for divorce, these differences must have lasted at least six months prior to filing for the divorce. Other potential reasons for divorce include adultery, abandonment, or long-term imprisonment. A New Jersey lawyer, experienced in handling LGBT divorce cases could help individuals determine if the facts and timing permit a New Jersey family court to hear their complaint for divorce.
Helping LGBTQ Spouses Protect Their Rights During a Divorce
Because LGBT marriages are considered the same as marriages between heterosexual couples under the law, most of the same concerns may arise during a divorce. Many individuals’ chief concern during a divorce is their right to marital property. New Jersey considers all property that a couple acquires during the marriage to be equally the property of both parties. The same concept applies to marital debt. A major function of the New Jersey family courts is to make an equitable division of this property and debt to place the parties on equal financial footing for the future. A New Jersey LGBT divorce attorney could work to argue for the protection of a person’s property rights.
Another topic that arises during many divorces is the continued care and custody of children. State law provides that all parents of a child have equal custody rights and equal obligations to provide for the wellbeing of a child. Additionally, the law states that children who are the subject of adoptions are equivalent to biological children in a legal sense. As a result, an LGBT couple who have adopted a child, or in situations where one is a biological parent and the other is an adopted parent, must make a child custody and care plan for the future of the child. A New Jersey LGBT divorce attorney could help to fight for a parent’s right to retain custody over a child and to receive proper child support payments.
Contact a New Jersey LGBT Divorce Lawyer Today
Just as members of the LGBT community now have the ability to get married anywhere in the country, it is also possible that they are now experiencing the need for a divorce. Divorcing LGBT people have the same rights and obligations as heterosexual people and must take action to protect those rights in a pending divorce. These include the right to retain marital property, to protect their personal assets, and to retain custody of their children.
A New Jersey LGBT divorce lawyer may be able to help. In many cases, a lawyer could help parties to reach a negotiated settlement to avoid lengthy court battles, or fight for your rights at trial. Reach out to a New Jersey LGBT divorce lawyer today to see how they could help protect your future.