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
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
Blog
The Dangers of Being Too Nice in a Divorce

You Can Be Too Nice in a Divorce Ninety-five plus percent of all divorce cases will settle without a trial. However, that does not necessarily mean that each spouse ends up with a deal that gives them everything they want. There is such a thing as being too nice when you settle your case and…

Read More
Blog
How the Best Interests Test Works

The Best Interests of the Child Test in New Jersey The concept of best interests of the children actually comes from a United Nations Convention, and it’s applied in all states. Beyond that, many people don’t know what it means. Below is an explanation of the test and how it is used in New Jersey…

Read More
Blog
Are Divorces Actually Becoming More Civil Because of the Pandemic?

Is the Pandemic Changing the Way That People Divorce? Only about 2-3 % of divorce cases end up going to trial. However, even among the 92-98% that avoid a court hearing, there is often rancor and bitterness that plague the relationship between the spouses. However, the COVID-19 pandemic has caused at least some change that…

Read More
Blog
Main Dispute in a Divorce is Often Custody and Parenting Time
Custody and Parenting Time Often in a divorce, the main area in dispute is custody and parenting time of a child.  Litigants can spend months of their lives and thousands of dollars fighting over their child. There are two different types of custody - legal custody and residential custody.  With regard to legal custody, there... Read More
Blog
Important Factors to Consider When Planning for Post-Divorce Life Amid the Pandemic

Will COVID-19 Change Post-Divorce Finances? Under normal circumstances, soon-to-be ex-spouses need a roughly 30% increase in income, on average, to maintain the same standard of living they had before needing a divorce law firm. However, we are no longer under normal circumstances. The pandemic is further complicating financial pictures for individuals planning for their post-divorce…

Read More
Call Now ButtonCall Us