Teaneck LGBTQ Divorce Lawyer
Same-sex marriage has been legal in the state of New Jersey since 2013 and nationwide in the United States since 2015. This means that there is no legal distinction between opposite-sex and same-sex marriages in terms of procedures for state family court proceedings. That being said, there are still elements to LGBTQ+ marriages—and accordingly, to LGBTQ+ divorces—that require unique legal knowledge and expertise to manage effectively.
A Teaneck LGBTQ+ divorce lawyer can help you achieve the best possible resolution in your divorce. Our skilled divorce attorneys have handled many cases like yours and will work tirelessly to protect your best interests in your divorce.
Resolving Child Custody Matters During LGBTQ+ Divorce
When married couples in New Jersey decide to end their marriage, custody and visitation rights often come into play. A court does not necessarily have to decide how custody will be shared between divorcing parties. If both parents can establish a mutually agreeable and equitable plan for sharing custody, the court may approve and enforce that plan without any drawn-out hearings or negotiations so long as the plan does not go against the child’s best interests.
Because state law does not consider the gender identity or sexual orientation of a child’s parent to be a relevant factor in child custody determinations, there are no procedural differences in how these matters are resolved in LGBTQ+ divorces compared to heterosexual divorces. However, if one or both parties to an LGBTQ+ divorce are not biologically related to a child and have not formally adopted that child, this could potentially influence the court’s decision on custody rights.
If the non-biological parent in an LGBTQ+ couple goes through the legal adoption process for that child, though, they are treated as the child’s biological parent in the event that a court must decide on custody rights during divorce proceedings. A Teaneck LGBTQ+ divorce attorney can help parents understand how custody proceedings may play out in their particular situation.
Property Division Between LGBTQ+ Partners
Another area where LGBTQ+ divorces might proceed uniquely is the division of marital assets. In a typical divorce hearing, the court will split divisible assets equitably between the parties, based on factors like who contributed more to maintaining the property in question and the length of the marriage in question.
The length of a marriage often plays an especially central role in LGBTQ+ divorces. Because the state of New Jersey may not have recognized a divorcing LGBTQ+ couple as “married” until 2013, it can be difficult to determine who should receive what during asset division. A Teaneck divorce attorney can help individuals protect their assets in an LGBTQ divorce.
Reach out to a Teaneck LGBTQ+ Divorce Attorney Today
Divorce is never a simple process to go through in procedural or emotional terms, and it can be even harder for LGBTQ+ couples in same-sex marriages given the recency with which state law officially recognized the validity of their relationship. Fortunately, help is available from dedicated legal professionals who know how to handle the unique issues and concerns that may arise during LGBTQ+ divorces.
Working with a Teaneck LGBTQ+ divorce lawyer can be crucial to effectively preserving your rights. Schedule a free consultation with a knowledgeable attorney at Moskowitz Law Group today.
