Navigating Same-Sex Marriage and Divorce in New Jersey: Your Legal Guide

Love is love, and in New Jersey, that love is legally recognized. But the path to marriage equality hasn't always been straightforward. From civil unions to domestic partnerships, and finally, the landmark Supreme Court decision in Obergefell v. Hodges, the legal landscape for LGBTQ+ couples has evolved dramatically. So, where do things stand now, and what do you need to know, especially if you're considering marriage, or, unfortunately, divorce?

A Brief History of Marriage Equality in the Garden State

For years, same-sex couples in New Jersey navigated a complex system of civil unions and domestic partnerships. While offering some legal protections, these arrangements weren't always equal to marriage, particularly when it came to federal benefits. Think about it: the frustration of not having the same rights as your married neighbors, simply because of who you love.

The tide began to turn with cases like Garden State Equality v. Dow, where New Jersey courts recognized the unconstitutionality of denying same-sex couples the right to marry. October 21, 2013, marked a pivotal moment when New Jersey began issuing same-sex marriage licenses. This was further solidified when Governor Murphy signed legislation codifying same-sex marriage in New Jersey. But the journey didn't end there. The Supreme Court's Obergefell v. Hodges decision in 2015 finally guaranteed the right to marry for all Americans, regardless of sexual orientation.

Marriage, Civil Unions, and Domestic Partnerships: What's the Difference Today?

While same-sex marriage is now the law of the land, some couples may still be in civil unions or domestic partnerships. It's crucial to understand the distinctions:

• Marriage: Offers the most comprehensive legal rights and protections, both at the state and federal level.
• Civil Unions: While New Jersey treats civil unions similarly to marriages for state-level benefits, they may not be recognized by the federal government, potentially impacting access to federal benefits.
• Domestic Partnerships: Offer a more limited set of rights compared to civil unions and marriages, primarily at the state level.

Are you in a civil union or domestic partnership and wondering if you should convert to a marriage? It's a valid question, and the answer depends on your individual circumstances. Consulting with a family law attorney can help you weigh the pros and cons.

Navigating Same-Sex Divorce in New Jersey: Unique Considerations

Just as same-sex couples have the right to marry, they also have the right to divorce. However, the history of marriage equality in New Jersey can create some unique legal challenges. Consider these potential issues:

Determining the Length of the Marriage

One complex issue is establishing the start date of the marriage for purposes of alimony or spousal support. Does the marriage begin when the couple legally married, or on the date same-sex marriage became legal in New Jersey? This can significantly impact the duration of alimony payments.

Child Custody and Support

Child custody and support are often the most emotionally charged aspects of any divorce, and same-sex divorces are no exception. The New Jersey Parentage Act presumes that husbands are the biological fathers of children born to their wives during the marriage. While arguments have been made to extend this presumption to same-sex spouses, the law remains somewhat unclear. Establishing parentage for non-biological parents can be a complex process, requiring legal expertise and careful navigation of the courts.

Dissolving Civil Unions and Domestic Partnerships

Terminating a civil union or domestic partnership in New Jersey follows a similar procedure to divorce, addressing issues like spousal support, child support, custody, and equitable distribution of assets acquired during the relationship. Keep in mind that if you entered into a civil union and move to a state that doesn't recognize them, dissolving the union can become geographically complicated. Imagine the added stress of having to travel back to New Jersey just to finalize a legal separation!

Key Takeaways for Same-Sex Couples in New Jersey

• Marriage equality is the law in New Jersey. You have the same rights and responsibilities as any other married couple.
• Civil unions and domestic partnerships still exist, but offer varying levels of protection. Consider whether converting to marriage is right for you.
• Same-sex divorce presents unique legal challenges. Consult with an experienced family law attorney who understands the nuances of these cases.
• Parentage issues can be complex. Ensure both parents' rights are protected.

The Importance of Legal Counsel

The legal landscape surrounding same-sex marriage and divorce is constantly evolving. Don't try to navigate these complexities alone. An experienced New Jersey family law attorney can provide invaluable guidance, protect your rights, and advocate for your best interests. Whether you're planning a wedding or facing a divorce, seeking legal advice is a crucial step towards securing your future.