Blog

Same-Sex Marriages & Irreconcilable Differences in NJ

 

On October 18, 2013, the New Jersey Supreme Court recognized same-sex marriages in the State of New Jersey. As part of that decision, the Court said, “[S]ame-sex couples who cannot marry are not treated equally under the law today. The harm to them is real, not abstract or speculative.”   The rights couples to same-sex marriages became clear as a result of this landmark decision.  The decision also brought up the issue of dissolving civil unions in the same manner as a divorce.  And, on what grounds for dissolution would be available to a same-sex couple.

Notably, the applicable statute does not address dissolution of civil unions on no-fault grounds. The statute provides for seven (7) different grounds for the dissolution of a civil union.  Irreconcilable differences are not on the list.  This issue remained up in the air until the Honorable L.R. Jones held that same-sex couples can legally dissolve their civil unions based upon irreconcilable differences in Groh v. Groh.  Judge Jones went on to say, “[b]ased upon the near-identical nature of the respective causes of action for divorce and dissolution of civil union . . . the Legislature’s intent was to create a symmetry between the recognized causes of action for divorce and dissolution of a civil union . . .”

Please contact me if you are seeking to dissolve your same-sex marriage.  Or, contact me if you would like to understand more about the process and the services available to you.  I can be reached at jlawrence@lawlawfirm.com.

Back to Blog
SHARE THIS POST:

Related Posts

Blog
Can You Adopt Your Partner’s Child in a Same-Sex Relationship?

Can You Adopt Your Partner’s Child in a Same-Sex Relationship? According to the federal government, 15% of same-sex couples have children as a part of their household. This could include children who were adopted or biologically conceived by one or both of the parents. In that case, there are parenting issues at play if the…

Read More
Blog
How to Talk to Your Partner About a Prenuptial Agreement

When polled, 62% of divorce lawyers said they have seen an increase in the number of their clients seeking a prenuptial agreement. However, going from interest to actually having a signed agreement requires a great deal of talking and negotiation. Here is how you should raise the topic of a prenuptial agreement with your partner….

Read More
Blog
What Happens When a Spouse Says No to a Divorce?

While New Jersey has the lowest divorce rate in the country, it does not mean that divorces are easy in the state. Some spouses deliberately make it hard for the other spouse by saying no to everything divorce-related. However, New Jersey has laws to prevent one spouse from taking away the other’s right to get…

Read More
Blog
Preparing for Your Divorce Mediation Session

Up to 80% of divorce cases that go to mediation end successfully with agreements reached throughout the process. Nonetheless, you need to prepare extensively for this process if you want to be successful in resolving issues in your case. Here are some tips on how to ready yourself for mediation. Mediation Can Result in a…

Read More
Blog
How Debt Is Handled During a Divorce

Recent statistics show that the average American household carries roughly $67,000 in consumer debt. This can be a thorny problem when the couple is in the process of getting divorced with a variety of different possible outcomes. In New Jersey, you cannot simply assume that this debt will be divided exactly down the middle. The…

Read More
Blog
What Happens When an Ex-Spouse Breaks the Marital Settlement Agreement?

In 2020, it was estimated that 39% of marriages ended in divorce. If you are someone who went through divorce, you may be struggling with a spouse who fails to abide by your marital settlement agreement. They may fail to make payments for alimony, for example, or they may fail to pay their part of…

Read More

Disclaimer and information can be found here, including links to descriptions and selection methodologies. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Call Now ButtonCall Us