Same-Sex Marriage and Divorce in New Jersey
New Jersey has long been at the forefront of recognizing and protecting the rights of same-sex couples. Since the landmark 2013 decision in Garden State Equality v. Dow and subsequent legislative developments, same-sex couples in New Jersey have had the legal right to marry. While the laws governing marriage and divorce in New Jersey are the same for all couples, same-sex spouses often face unique challenges when navigating family law matters, especially concerning divorce and parental rights. Read on as we explore these issues, and contact the Law Offices of John B. D’Alessandro to share your concerns with an experienced and dedicated Union family law attorney.
Marriage Equality in New Jersey
The legal recognition of same-sex marriage in New Jersey ensures that same-sex couples enjoy the same rights, benefits, and responsibilities as opposite-sex couples. These rights extend to spousal support, inheritance, tax benefits, and the ability to make medical decisions for a spouse. The state recognizes marriages performed in other jurisdictions as well, ensuring that same-sex couples moving to New Jersey are not deprived of their marital status.
Unique Issues in Same-Sex Divorce
When it comes to divorce, same-sex couples in New Jersey face the same legal process as any other couple. This includes the equitable distribution of property, alimony considerations, and child custody matters. However, some nuances may arise, including:
Property Division Complications
Same-sex couples who cohabitated before their marriage may encounter complexities in determining the division of property. Since New Jersey law only considers marital property acquired after the legal marriage, assets accumulated during a pre-marriage partnership may not automatically be considered marital property. Courts may need to evaluate equitable claims to ensure a fair division, particularly in cases involving long-term partnerships.
Alimony Calculations
Alimony determinations can also be more complex for same-sex couples who were together for years before they could legally marry. The court may consider the length of the marriage as the starting point for calculating alimony, but judges have the discretion to weigh the overall relationship duration in some cases.
Parental Rights in Same-Sex Families
Parental rights are a critical area where same-sex couples face unique challenges. New Jersey law aims to protect the best interests of the child, but legal recognition of parentage can be complicated for non-biological parents in same-sex relationships.
In New Jersey, a child born during a marriage is presumed to be the child of both spouses. This presumption applies equally to same-sex marriages, granting legal parentage to the non-biological spouse without requiring additional legal action. However, this presumption may be challenged in certain situations, particularly in disputes involving a biological parent outside the marriage.
Second-Parent Adoption
To ensure parental rights are unequivocally established, non-biological parents in same-sex relationships are strongly encouraged to complete a second-parent adoption. This process legally formalizes the parental relationship and prevents disputes over custody or visitation in the event of a divorce or the death of the biological parent.
Assisted Reproductive Technology (ART)
Many same-sex couples use assisted reproductive technology (ART), such as sperm donation or surrogacy, to have children. New Jersey law provides some guidance for these arrangements, but complexities can arise if proper legal steps are not taken to establish parentage. Couples using ART should consult with a knowledgeable family law attorney to ensure that all necessary legal documents, such as donor agreements and parentage orders, are in place.
Protecting Your Rights
For same-sex couples facing marriage or divorce in New Jersey, careful legal planning and experienced representation are essential. Whether addressing property division, alimony, or parental rights, the guidance of an experienced family law attorney can help you through these complex issues and ensure that your rights and interests are protected.
If you are considering marriage, facing divorce, or dealing with parental rights issues, the Law Offices of John B. D’Alessandro is here to help. Serving clients in Union, Essex, and Middlesex counties, we provide compassionate and knowledgeable representation tailored to the unique needs of same-sex couples.
Contact our office today at 908-964-0102 to schedule a consultation and learn how we can assist you in protecting your family’s future.