Teaneck Same-Sex Divorce Lawyer
The LGBTQ community has made great strides in the area of civil rights over the past decade. With the United States Supreme Court’s ruling that two people can get married regardless of their gender or sex, marriage rates among same-sex couples have risen nationwide.
Unfortunately, with this rise in marriage rates comes a rise in divorces. Same-sex couples experience all the same pressures after a wedding as everyone else, and consequently, many of these marriages end with a divorce.
A Teaneck same-sex divorce lawyer could help an LGBTQ spouse who is considering divorce to protect their property rights, debts, control over a business, and child custody. All divorce cases are unique, but divorce amongst LGBTQ couples brings its own set of distinct challenges and facets.
Same-Sex Marriage is Legally the Same in the Eyes of the Law
Recent changes in both state and federal laws have granted members of the LGBTQ the same right to get married as all other people in the country. This means that all property that a couple acquires during the marriage is equally the asset of both parties should be divided and that the parties have beneficiary rights under probate law.
While these rights may not be obvious during everyday life, they can become an issue during a divorce. Because a divorce must determine the legal rights of both parties moving forward with their lives, a final decree must address every relevant topic. A Teaneck same-sex divorce attorney could help to explain the legal rights of parties in a marriage.
Common Topics that May Raise Difficulty in a Same-Sex Divorce
Members in a same-sex marriage have all the same rights as those in a heterosexual union. As a result, these parties may come into conflict as to how those rights interact with each other during a divorce.
Perhaps the most common topic that can raise disagreements is the question of asset and debt distribution. New Jersey follows the concept of equitable property distribution in divorces meaning that a family law judge divorce will endeavor to place both parties on a fair footing moving on from the marriage. This concept often goes hand-in-hand with the idea of alimony, sometimes known as spousal support.
In situations where the parties have children in common through adoption, the court must also rule on child custody. Regardless of gender or sex, each parent has an equal right to ask that the court grant them custody over a child. The same concept applies to questions of child support. A Teaneck LGBTQ divorce attorney could help parties to understand their rights under the law and fight to protect those rights in court.
Contact a Teaneck Same-Sex Divorce Attorney Today
It is always a tragedy when a marriage breaks down. This applies equally to heterosexual couples and those within the LGBTQ community. A couple’s status as a same-sex union has no bearing on a potential divorce, so you must still fight to protect your rights and interests.
It is not unusual for conflicts to arise during a divorce. Although parties always have the option to create their own separation agreements, cases often go to court when this is not possible. Parties may disagree concerning the distribution of property, the right to control a business or the care and custody of children.
A Teaneck same-sex divorce lawyer may be able to help you identify your goals in a divorce and whether a settled resolution may be possible. Reach out to Moskowitz Law Group today to schedule a consultation for your case.