Since gay marriage became legal nationwide in 2015, same-sex couples in New Jersey have enjoyed the same legal rights and privileges as those afforded to opposite-sex couples. However, due to the patchwork of different state and federal laws that were in place and in flux for many years, many same-sex couples experience unique legal challenges when entering into a marriage, adopting a child, getting a divorce, or dealing with a range of other family law matters.

When you’re facing a legal matter related to your same-sex marriage, you deserve the support of a knowledgeable and caring attorney. Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., represents clients from all walks of life throughout New Jersey. We’re committed to answering your questions, responding to your concerns, and managing every aspect of your family law matter with efficiency and attention to detail.

Don’t wait to get the support to help you through a challenging time. Contact us today to discuss your situation in a confidential consultation with Joe.

How a New Jersey Attorney Can Assist in Same-Sex Marriage and Divorce Matters

Working with an experienced attorney can provide valuable assistance in handling various aspects of New Jersey same-sex marriage and divorce matters. Whether you need help drafting a prenuptial agreement, going through the divorce process, or addressing family law concerns, having proper legal guidance can safeguard your rights and improve your likelihood of achieving your desired outcome.

Same-sex couples often face unique legal challenges in divorce cases when it comes to property division, child custody, and spousal support. Working with an attorney familiar with the legal system and current laws can help ensure you effectively address these matters. In New Jersey, same-sex couples have the same rights and responsibilities as other married couples, but some cases may involve more complex legal issues.

An experienced lawyer can help you understand your options and guide you through the legal procedures. With Joe’s assistance, he can make the process smoother and protect your long-term interests. In addition, our law practice is part of Wilentz, Goldman & Spitzer, P.A., one of New Jersey’s oldest firms. This relationship allows us access to substantial legal resources and seasoned practitioners who can assist in matters such as business law, criminal defense, and estate planning.

What Rights and Protections Do Same-Sex Married Couples Have in New Jersey?

Same-sex married couples in New Jersey have access to the same rights and protections as opposite-sex married couples. These rights include the ability to file joint tax returns, share health benefits, and inherit property without additional legal documents.

Same-sex spouses also have the right to seek spousal support and divide assets during a divorce. Additionally, they can adopt children together and have equal standing in legal matters involving child custody and visitation.

These protections reflect the state’s commitment to New Jersey marriage equality and ensuring all married couples are treated fairly and equally under the law.

What Are the Differences Between a Civil Union, a Domestic Partnership, and a Same-Sex Marriage?

In New Jersey, same-sex couples have several options for having the state recognize their relationship: civil unions, domestic partnerships, and marriage. Each option offers varying degrees of rights and protections under state and federal law:

  • Civil Union – Civil unions provide the same state-level benefits that married couples enjoy, such as inheritance rights, health insurance coverage, and the right to hospital visitation. However, civil unions do not grant federal benefits like Social Security, tax benefits, or immigration rights, which can be a disadvantage compared to marriage.
  • Domestic Partnership – New domestic partnerships are only available to same-sex and opposite-sex couples aged 62 or older. The benefits include limited health care rights and the ability to make medical decisions for a partner. However, domestic partnerships do not offer the broad range of legal protections available through marriage or civil unions.
  • Marriage – Marriage provides full legal recognition of a same-sex relationship at both the state and federal levels. Same-sex marriage gives couples access to the same rights and responsibilities as opposite-sex married couples, including federal tax benefits, Social Security, and other federal protections.

How Are Second-Parent Adoption and Parenting Agreements Handled in Same-Sex Marriages?

In New Jersey, second-parent adoption and parenting agreements play a significant role in many same-sex marriages. Second-parent adoption allows one spouse to adopt their partner’s biological or adopted child without the other parent losing any parental rights. This legal process ensures both parents have equal rights to the child, protecting their relationship in case of a separation, divorce, or the death of the biological parent.

Parenting agreements are legal documents that outline each parent’s rights and responsibilities, including custody arrangements, decision-making authority, and visitation schedules. These agreements help establish clear expectations and avoid conflicts if the couple separates in the future. For same-sex couples, having a legally binding parenting agreement can be particularly important, especially when only one parent is biologically related to the child.

For same-sex couples, these types of legal documentation solidify parental rights under New Jersey law. The courts generally recognize the rights of both parents in same-sex marriages, but securing a second-parent adoption or a parenting agreement can provide an extra layer of protection. Taking these legal steps ensures both parents maintain a strong relationship with the child, regardless of their marital status. It safeguards the family’s future and provides peace of mind to both parents.

Contact our law firm today to learn more about what we can do for you in same-sex marriage matters involving children.

Are Child Custody Laws Different for Same-Sex Parents?

Child custody laws in New Jersey treat same-sex parents the same as opposite-sex parents. The courts focus on the best interests of the child when determining custody and visitation rights. This involves evaluating each parent’s relationship with the child, their ability to provide a stable home, and other relevant factors.

New Jersey law prioritizes fairness in custody matters for all families. Same-sex parents have equal standing in custody disputes, regardless of their biological connection to the child. However, establishing legal parentage through birth, adoption, or a parenting agreement helps protect both parents’ rights in custody cases.

What Are Unique Considerations and Challenges in Same-Sex Divorces?

Same-sex divorces in New Jersey can present unique challenges that differ from those faced by opposite-sex couples. These challenges often arise from legal complexities and issues related to parenting, property division, and other family law matters. Understanding the potential hurdles can help same-sex couples manage the divorce process more smoothly.

The following are some unique considerations and challenges same-sex couples may face when going through a divorce:

  • Length of Relationship – Many same-sex couples lived together or shared assets before legalizing their relationship through marriage. This can make property division more challenging, as the court may not consider the time before the legal marriage when dividing assets or calculating spousal support.
  • Parental Rights – In cases where one spouse is not the child’s biological parent, custody disputes can become more complicated. Without legal parentage, such as through second-parent adoption, the non-biological parent may face challenges in securing custody or visitation rights.
  • Property Division – In some cases, couples entered into civil unions or domestic partnerships before marriage became legal. Deciding how to divide property acquired during these different legal stages can be more difficult, especially if the couple later transitioned from a civil union or domestic partnership to marriage.
  • Federal Benefits – Same-sex couples may also face challenges when dividing federal benefits, such as Social Security, due to the relatively recent recognition of same-sex marriage at the federal level.

These and other challenges highlight the importance of having skilled legal representation to help ensure your rights are protected during a same-sex divorce. A New Jersey same-sex marriage lawyer with experience handling these cases will be best equipped to provide the support you need.

What Steps Should You Take When Getting a Same-Sex Divorce?

When preparing for a same-sex divorce in New Jersey, following specific steps can help protect your rights and make the process go more smoothly. As in any divorce, the goal is for you and your partner to resolve important issues such as property division, child custody, and spousal support in a fair manner. Here are some key steps to take as you get started:

  • Consult a Lawyer – Meet with an attorney familiar with same-sex marriage law in New Jersey. They can guide you through the legal process, help you understand your rights and options, and assist you in pursuing the outcome you desire.
  • Gather Financial Information – Collect documents related to income, assets, debts, and expenses. These include bank statements, tax returns, and property ownership records. Having this information organized will make dividing assets and determining support easier.
  • Address Parenting Issues – If you have children, discuss custody, visitation, and support arrangements with your spouse. Drafting a parenting plan can help avoid conflicts and preserve a strong relationship between both of you and your child.
  • Consider Mediation – Mediation allows you and your spouse to resolve issues outside of court. It can be a less confrontational and more cost-effective way to settle disputes.