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.

Subscribe to Our Blog

SHARE THIS POST:

Related Posts

Blog
What Does Family Law Litigation Mean?

Before getting into what family law litigation means, it is helpful for readers to understand the general definition of litigation. Litigation is the process of addressing disputes by filing or answering a complaint through the court system. Consequently, a litigator is a trial lawyer who represents clients in a court of law. So, family law…

Read More
Blog
Protecting Personal Information in a New Jersey Divorce

  The basic presumption in New Jersey is that Court records are open to the public. This means that anyone can go into a New Jersey courthouse and review a divorce file of a relative, friend, or even a stranger. Before irreconcilable differences became a viable option as a cause of action for divorce, many…

Read More
Blog
Do NJ Child Support Guidelines automatically allow for an increase when my kid reaches a certain age?

Simply put, the answer is no. In New Jersey, there are no automatic increases in child support under the NJ Child Support Guidelines. The Case In a recent case, Dunigan v. Wilson, the New Jersey Appellate Division rejected the trial court’s decision to increase child support by 14.6%* because one of the children reached the…

Read More
Blog
Blended Family? Think about this

More than half of the families in the United States were formed by remarriages or re-coupling of relationships. Based on current statistics, half of all marriages in the United States end in divorce.  And, the average length of a marriage is seven years. With the ending of marriages, the subsequent remarriages or the forming of…

Read More
Blog
Equitable Distribution of Negative Equity

  The factors that must be considered by the court for purposes of determining equitable distribution of assets and debts acquired during marriage are identified in N.J.S.A. 2A:34-23.1. Items included for purposes of equitable distribution are: marital properties vehicles bank accounts stock options retirement accounts mortgages credit card debts automobile loans any other assets and…

Read More
Blog
Extreme Higher Earning Parent – No Increase in Support

  Child Support with an Extreme Higher Earning Parent – In a recent New Jersey appellate division case of Ianniello v. Pizzo, the appellate division upheld the trial court’s denial of the custodial parent’s request to increase child support.  The non-custodial parent was paying $10,000 per month.  The custodial parent sought a $65,000 per month…

Read More
Call Now ButtonCall Us