Union County Same-Sex Divorce Lawyer
If you are facing irreconcilable differences with a same-sex spouse, a compassionate family law attorney may be able to protect your rights. While divorces most always have the same laws and processes applied, there are some unique aspects of same-sex divorce.
You may benefit from hiring experienced legal counsel who understands the legal intricacies involved in your cases. A Union County same-sex divorce lawyer could explain any relevant laws and apply their experience to your situation.
Determining the Length of a Marriage
The length of marriage influences the outcome in all divorces and is the first factor listed for the court to consider when distributing marital property and determining alimony under New Jersey Revised Statute §2A:34-23.1(4). Unfortunately, the law only recently began permitting and recognizing same-sex marriages so many couples lived together, shared property, and even had children long before they were able to marry in the legal sense.
Determining the legal length of a marriage may be tricky because of previous prohibitions on same-sex marriages. Additionally, a person may want to argue that the duration of the marriage should not influence a same-sex divorce as heavily due to past prohibitions on legal marriage status. A Union County LGBTQ divorce lawyer understands the legal nuances of these situations and could argue for fair treatment.
Special Child Custody Considerations
When couples divorce, the court usually makes orders regarding the custody of any shared minor children. Same-sex divorces may involve unique child custody issues, especially if only one spouse is biologically related to the child.
Cases Involving Adoption
In cases where a same-sex couple have adopted a child, the couple may be on equal ground when determining custody. However, in some cases, a child may be biologically related to just one parent. If the couple took certain legal measures such as having the non-biological parent legally adopt the child, the parents should have equal legal rights.
Unfortunately, courts may sometimes favor a biological parent, even when parents have the same legal rights. However, the best interests of the child will always be the court’s primary consideration when creating custody orders. An understanding Union County LGBTQ divorce attorney could work to obtain the orders that are best for the family they represent.
Cases without a Formal Adoption
Occasionally, though a child views both spouses as parents, no formal adoption was ever completed. In these cases, the non-biological parent may encounter hurdles in establishing custody rights.
However, the court may consider a spouse who has been committed to a child to be a psychological parent. Psychological parents generally have rights similar to those of any other parent, and the best interests of the child are the primary concern. Establishing a person’s status as a psychological parent can be tricky, but skilled legal counsel may be able to help.
Ensuring that a Same-Sex Spouse is Treated Fairly
Although courts have ruled that same-sex couples have the same rights surrounding marriage as heterosexual couples, extra effort may be needed to enforce those rights. Court staff who may be biased or inexperienced in addressing same-sex divorces may misapply the laws.
For example, a same-sex partner may be entitled to alimony or child support if their spouse was the breadwinner for the family. However, these family dynamics may not be evident to a judge who is inexperienced with same-sex divorces. A same-sex separation lawyer in Union County could ensure that laws are applied correctly and fairly.
Start Working with A Union County Same-Sex Divorce Attorney
Divorce is a serious legal matter, but a Union County same-sex divorce lawyer could work to address the unique issues that apply to your case.
Ending a same-sex marriage has many unique aspects so it is essential to retain an attorney with experience handling these cases. Call today to schedule a consultation.
