Understanding the Same-Sex Divorce Process in New Jersey

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.

1. Filing for Divorce in New Jersey

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.

2. Division of Property and Assets

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:

Pre-marital Cohabitation: Many same-sex couples lived together for years or decades before legal marriage was available. Unfortunately, property acquired before the legal marriage is generally considered separate, not marital, unless legally commingled.
Civil Unions or Domestic Partnerships: If the couple entered into a civil union or domestic partnership before marrying, these may affect the timeline of asset accumulation and can sometimes be considered in the division of property.

A judge will consider statutory factors like income, contributions to the household, length of the marriage, and economic need.

3. Alimony (Spousal Support)

Alimony is not guaranteed in every divorce. Courts evaluate a host of factors, including:

Duration of the marriage

Each spouse’s income and earning capacity
Standard of living established during the marriage
Age and health of both spouses

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.

4. Child Custody and Support

Child custody issues are determined based on the best interests of the child, regardless of the parents’ genders.

Important Issues for Same-Sex Couples:

Legal Parenthood: If one spouse is the biological or adoptive parent and the other did not formally adopt the child, the non-biological parent may not have automatic parental rights.
Second-Parent Adoption: Couples who completed a second-parent or stepparent adoption will generally be treated as co-parents with equal rights.

If both parents are legally recognized, custody and support are handled the same as in any other divorce.

5. Mediation and Collaborative Divorce Options

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:

Lower cost
Greater privacy
Less emotional strain

6. Protecting Your Rights During Divorce

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:

Recognition of long-term relationships predating legal marriage
Complex property or parenting issues
Legal parentage or adoption challenges

Contact Your Lawrence Law Attorney for Same-Sex Divorce

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.