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What Are My Rights if I’m in a Same-Sex Marriage in NJ?
While married gay couples are afforded the same right to get divorced as straight couples, they face unique challenges. Before same-sex was legal, many gay couples were registered as domestic partners or entered into civil unions. Ending a domestic partnership can be complex. Please continue reading to learn more about these matters and how an experienced Ocean County Divorce Attorney can fight for you.
How Do I End My Same-Sex Marriage in New Jersey?
First, it’s important to understand in 2015, the United States Supreme Court issued a historic ruling that legalized same-sex marriage across all 50 states. This decision was life-changing for many as it meant that married couples could now benefit from the protections that were offered exclusively to heterosexual married couples.
Along with the right to marry, this decision also afforded same-sex couples the right to divorce in every state. As such, the procedures for same-sex divorce are identical to those for heterosexual divorces. This means if you want to pursue a divorce in New Jersey, you must meet the state’s residency requirements and provide a legally accepted reason for the breakdown of the union.
What Are the Unique Challenges of a Same-Sex Divorce?
If you’re facing a same-sex divorce in New Jersey, it’s imperative to understand that you may encounter unique challenges. The most notable challenge is determining the actual start date of the marriage. Before Obergefell v. Hodges, many couples were together for a substantial period before same-sex marriage was legalized. The duration of the actual marriage will dictate whether spousal support is granted and how the couple’s marital assets will be divided. In addition, there may be complications surrounding child custody and support. Establishing paternity and determining custody arrangements will likely require additional steps.
What Are Domestic Partnerships?
As mentioned above, many gay couples registered as domestic partners before same-sex marriage was legalized. This represents a legal relationship for those who live together and share financial responsibilities. Domestic partners are typically eligible for some of the same benefits as married couples. It’s important to understand that unlike in some states, domestic partnerships don’t automatically dissolve when same-sex couples get married. Instead, it will remain intact.
Ending a state domestic partnership can be complicated, as the rules are similar to a divorce, which means you might need to meet residency requirements to terminate the partnership. If you are unsure of how to end your domestic partnership along with a divorce in New Jersey, it’s in your best interest to consult with an attorney from the Law Office of Sarina Gianna, LLC, who can help you navigate your options. Connect with our firm today to discuss your case.