Arons & Solomon | June 29, 2015 | Articles
With Same-Sex Marriage Comes Same-Sex Divorce- What Can Same-Sex Couples Expect in NJ?
Throughout most of recorded history, marriage was defined as ‘the legally or formally recognized union of a man and a woman as partners in a relationship.’ Times have changed, however. Same-sex couples have struggled to be able to have their love and their relationship recognized in a legal capacity in marriage just like heterosexual couples. The State of New Jersey has come a long way regarding the issue of recognizing same-sex couples. Beginning in October of 2013, New Jersey legalized same-sex marriage. The legalization of same-sex marriage allows same-sex couples to have their relationship recognized under the same standards as heterosexual couples.
While this was a great accomplishment for the gay community, the reality is that whether or not you are gay or straight, there is absolutely no guarantee that if you get married your relationship will always stand the test of time. The same standards apply to same-sex couples that apply to heterosexual couples: couples fight, they argue, they disagree and sometimes those disagreements are so monumental that there is no other option other than to divorce. The realization of divorce is just as traumatic and stressful, no matter what parties are involved.
Due to the fact that the legalization of same-sex marriage in New Jersey is less than two years old, the case law involving such marriages is limited. Realistically, however, the process of a same-sex divorce follows the same process as a heterosexual divorce. And the same issues need to be addressed, such as partner support, defining property rights, and ultimate division of the property. More detailed issues can revolve around child custody, support, or parenting time if there are any children involved.
Since same-sex divorce is relatively new, it becomes even more important that each spouse retains a qualified attorney with expertise is in the area of divorce. Take, for example, the subject of alimony. Statutory law applies equally to both same-sex and heterosexual couples who are divorcing. In addition, there is significant case law addressing alimony in heterosexual divorces, however, there is simply not developed case law regarding alimony in same-sex divorce cases. An experienced divorce attorney will guide a same-sex spouse, giving his or her best advice and possibly creating new case law along the way.
Same-sex divorce is a growing field still to be navigated in the State of New Jersey. Arons & Solomon prides itself on staying up-to-date on the latest changes and developments in order to provide their clients with the best plan of action when making the very difficult decision to divorce. Please call our office today at (201) 487-1199 to set up your consultation or visit our website at www.aronssolomon.com.