Union County LGBTQ Divorce Lawyer
Since 2013, same-sex couples in New Jersey have the right to get married. They also have the right to dissolve those marriages. However, same-sex couples may face unique challenges trying to reach a fair divorce agreement. These issues are best handled by a skilled divorce attorney.
When you are considering getting a divorce from your same-sex marriage, it is best to speak with experienced legal counsel. A dedicated family lawyer can ensure your rights are protected throughout your divorce and as you transition into the future. A Union County LGBTQ divorce lawyer from Moskowitz Law Group can provide the effective representation you deserve.
One of the more complex aspects of some same-sex divorce cases is determining who will have legal and physical custody of any minor child, especially when one spouse helped raise their partner’s biological child. Unless formal adoption proceedings have already taken place, a non-biological parent will likely face challenges trying to retain any custody rights. For this reason, it is always a good idea to rely on the guidance of a Union County divorce attorney during an LGBTQ divorce involving children.
Division of Marital Assets
Under state law, family law courts have an obligation to equitably divide marital assets between both parties in a divorce. The division of marital assets can be a contentious issue in any divorce, as equitable distribution does not necessarily mean equal distribution. When one spouse stands to receives more than the other, objections are likely.
The court only has the power to divide marital property, and property deemed non-marital is not subject to division. However, when a same-sex relationship began substantially longer than a formal marriage, disputes may arise over the designation of certain property as marital or non-marital. A Union County can review information about property acquired during an LGBTQ relationship to ensure it is equitably divided during a divorce.
Courts may award alimony—also referred to as spousal support—in any type of divorce. Two essential factors courts consider when determining how much alimony a spouse should pay is typically the length of the marriage and any substantial disparity between the spouse’s incomes throughout the marriage. However, many same-sex marriages do not indicate the length of the underlying relationship. A Union County LGBTQ divorce attorney can make a case for a fair outcome in an alimony decision.
Dissolving Civil Unions
While the legalization of same-sex marriage is a more recent development, civil unions have been recognized in New Jersey since 2007. These unions are not traditional marriages, but they provide many of the same rights enjoyed by married couples. Now, many same-sex couples are choosing to dissolve their civil unions in favor of traditional marriages. Dissolving a civil union requires a similar process to a divorce, and a Union County attorney can assist with dissolving an LGBTQ civil union.
Contact a Union City LGBTQ Divorce Attorney Now
When your same-sex marriage or civil union is coming to an end, you deserve legal counsel that understands the unique challenges you may face. A Union County LGBTQ divorce lawyer can serve as your compassionate ally, ensuring you reach a fair outcome that positions you for independent living. Call Moskowitz Law Group today to learn more.