LGBT Divorce Law
Two same-sex individuals can enter into a civil union which is the equivalent of a marriage in the state of New Jersey. Similarly, a same-sex couple can file to terminate the agreed upon civil union which is equivalent to a divorce in the State of New Jersey. Unfortunately, because same-sex civil unions and marriages aren’t recognized federally, there are some conditions that you must be aware when wanting a legally binding termination or divorce.
If you agreed upon a civil union in the State of New Jersey and are seeking a termination in a state that recognizes your union then termination or divorce proceedings can begin. However, if you are living in a state outside of New Jersey that does not recognize civil unions, you must terminate the civil union in a state that does recognizes it.
In addition, the law in New Jersey does require that one of the partners involved in the terminating civil union provide proof of residency. The proof of residency must show that one of the partners involved has lived within the state of New Jersey for a minimum of one year.
Due to the fact that civil unions are not federally recognized, you could continue to run into other roadblocks in terminating your union, including: civil union responsibilities, spousal support, child support, child custody, adoption rights, and home state recognition. It is also important to remember that bigamy is a crime in all states, you are not allowed to enter into another civil union or marriage until the previous one is legally terminated.
Are you in need of an LGBT Divorce Attorney?
LGBT family law can be extremely complicated, but you do not have to tackle it alone. At the Moskowitz Law Group, LLC, our number one priority is that your rights are protected. We have dedicated our practice to all aspects of family law, providing our clients with the compassion and tireless dedication that they deserve. With over 50 years of combined experience, our attorneys are prepared to handle all your family legal matters.