Same-sex couples in New Jersey have recently obtained the right to marry. In spite of receiving the benefits of alimony, equitable distribution of property acquired during the marriage, health insurance and pension rights, there are still issues that LGBT couples face that heterosexual couples do not. The Darling Law Firm, LLC has been assisting same-sex couples with dissolution for years and we are experienced in resolving the complex issues which may arise.
Same-Sex Divorce And Children
The biggest hurdle same-sex couples going through a divorce still face is their children. If one parent is the biological parent and the other parent has not adopted the child, there is a presumption against custody vesting in the non-biological parent. The attorneys at The Darling Law Firm have resolved many dissolution matters involving biological and adopted children of same-sex couples, both before and after New Jersey progressed in same-sex rights. Whether you are the biological parent or non-biological parent, you have established a loving parental bond with the child you have helped raise or even had the role of primary caregiver. In the event both parents adopted the child together, they will share equal rights to parent in the event of dissolution based upon the best interests of the children. In the event that one party is the biological parent and the other party adopted the child later in the child’s life, the amount of custody the non-biological parent receives will depend on several factors including the strength of the bond between the child and non-biological parent, the parental responsibilities of the non-biological parent and the duration of the relationship between the adoptive parent and the child. Since New Jersey took a more progressive stance on gay marriage, the non-biological parent may be included on the birth certificate of the child as long as the parties are married, or were in a legal civil union, when the child was born.
Although you only recently married, you may have been in a long-term committed relationship during which you acquired substantial assets, including a residence, built up a pension and met other financial and lifestyle goals. Although divorce law applies specifically to marital assets, our attorneys are well-practiced in making legal arguments for the division of assets between same-sex couples based on the duration of the parties’ relationship and manner in which the assets were acquired rather than the length of the parties marriage if the were together before NJ divorce laws changed. The attorneys at The Darling Law Firm will guide you through what will likely be a difficult situation.
In every case, we attempt first to negotiate an effective resolution between the parties. When litigation is the only way to resolve your matter, we will put our many years of experience and knowledge in same-sex family law to work for you. We will be vigilant in our fight to obtain the best results for you.
Whether you are seeking dissolution of a same-sex marriage or civil union, or if you have been in a long-term same-sex relationship in which assets were acquired but you never married, now is the time to speak with one of our family law attorneys to learn about your rights and the resolutions available in your matter. If you are visiting the webpage, now is the time to call 973-584-6200 today to schedule an initial consultation and protect your rights or click here to e-mail us.