Since New Jersey legalized same-sex marriage in 2013 (prior to the U.S. Supreme Court’s nationwide ruling in 2015), same-sex couples have had access to the same marital rights and responsibilities as opposite-sex couples—including the right to divorce. While the legal framework is equal, the process of dissolving a same-sex marriage can raise some unique questions and challenges, especially regarding parental rights and property division.
This article breaks down the process of same-sex divorce in New Jersey and what couples can expect.
To file for divorce in New Jersey, one of the spouses must have been a resident of the state for at least one year. If the grounds for divorce occurred in New Jersey, this residency requirement may be waived.
Grounds for Divorce
Most couples file for divorce under the “no-fault” ground of irreconcilable differences, which means the marriage has broken down for at least six months and there’s no reasonable chance of reconciliation.
Other fault-based grounds (e.g., adultery, cruelty, desertion) also exist but are less commonly used and can unnecessarily complicate the process.
New Jersey follows the principle of equitable distribution, which means marital assets and debts are divided fairly—but not necessarily equally.
Key Considerations for Same-Sex Couples:
A judge will consider statutory factors like income, contributions to the household, length of the marriage, and economic need.
Alimony is not guaranteed in every divorce. Courts evaluate a host of factors, including:
Duration of the marriage
Unique Challenges:
Like with property division, the relatively recent legality of same-sex marriage may mean a shorter official “marriage length,” even if the couple has shared a life for much longer. Courts may or may not consider the relationship’s full duration depending on the circumstances.
Child custody issues are determined based on the best interests of the child, regardless of the parents’ genders.
Important Issues for Same-Sex Couples:
If both parents are legally recognized, custody and support are handled the same as in any other divorce.
For couples who prefer to resolve issues amicably, mediation or collaborative divorce may be ideal. These methods allow both parties to work with neutral professionals and negotiate terms outside of court.
Benefits include:
Given the evolving legal landscape around LGBTQ+ relationships, it is strongly advised to work with an attorney who has experience in same-sex family law. They can help navigate complications such as:
Same-sex divorce in New Jersey follows the same legal process as opposite-sex divorce, but unique challenges can arise due to the timing of legal recognition and parentage issues. Whether you are navigating a high-conflict separation or seeking a peaceful resolution, understanding your rights and responsibilities is the first step toward a secure and stable future.
If you are considering divorce, consult with an experienced Lawrence Law attorney to protect your rights and help you move forward with confidence. Call us today at (908) 645-1000 to schedule a confidential consultation, or fill out our secure contact form. With offices in Watchung and Red Bank, NJ, we are here to support individuals and families across New Jersey. Take the first step toward protecting your future — reach out now.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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