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- DIVORCE & FAMILY LAW
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- Same-Sex Divorce
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Trenton Same-Sex Divorce Lawyer
Experienced Divorce Lawyer Represents Clients in All Aspects of Same-Sex Divorces Throughout New Jersey
Same-sex couples now have equal rights to enter into a legal marriage in New Jersey and all 50 states—a hard fought right that, however, also brings with it the necessity of obtaining a legal divorce if the marriage comes to an end. This means that same-sex couples must resolve the same issues surrounding children and assets that every other divorcing couple must face. Despite obtaining equal protection under the law, same-sex couples will usually face additional complications that do not come into play when heterosexual couples decide to divorce.
At the Davis Law Firm, LLC, we have a deep understanding of the complications that can arise in same-sex divorces, and are proud to advocate on behalf of all of our clients, regardless of gender or sexual orientation, to fully protect their rights in a divorce. Our experienced team of family lawyers serve clients throughout New Jersey, including in Mercer County, Hamilton and Trenton.
Complexities Specific to Same-Sex Divorce Cases
The same set of laws and rules applies in all New Jersey divorce cases, which means that same-sex couples are not required to show cause for an uncontested divorce. Citing irreconcilable differences is an acceptable reason to pursue a divorce in the state, and the only legal requirement that will apply is that at least one of the spouses is required to have lived in the state of New Jersey for at least a year before filing for divorce in the state. Although the rules governing divorces for all couples are consistent, complications specific to same-sex couples must be taken into account during the divorce process. Some of these include:
- Alimony and Spousal Support. Alimony and spousal support payments are generally determined using a formulaic approach that considers both spouses’ incomes, standard of living and how long the marriage lasted. In many cases, same-sex couples may have been in committed, marriage-like relationships that would have resulted in higher alimony payments had those relationships been legally recognized as marriage.
- Child Custody. Same-sex couples often adopt children, but in other cases, one spouse may be the child’s biological parent. This can add complications to child custody proceedings where the biological parent contests the other parent’s right to custody or visitation. In some cases, the non-biological parent may have parenting rights even if he or she did not formally adopt the child.
- Civil Unions and Domestic Partnerships. Same-sex couples are not required to terminate existing civil unions or domestic partnerships in order for the same individuals to enter into a legal marriage. This means that if the couples divorce, the civil union or domestic partnership may also have to be dissolved.
Don’t Go Into Divorce Defenseless: Skilled Family Lawyers Protect Your Rights in Same-Sex Divorce in Hamilton, New Jersey
Like any other divorce, there are four primary issues that must be resolved in most divorce cases, including:
- Child custody and parenting/visitation rights,
- Child support,
- Alimony and spousal support, and
- Equitable division of the couple’s assets and liabilities.
At the Davis Law Firm, LLC, our skilled team of divorce lawyers are experienced in resolving these issues, as well as the unique set of complications that often face same-sex couples who wish to end their marriages. We take the specific issues that you are facing seriously, and offer compassionate and personalized advice throughout every step of the divorce process. We fight to negotiate a divorce settlement agreement that protects your financial future and your parenting rights, and in many cases are able to avoid the time and expense of litigating the matter in family court.
Our divorce lawyers are also experienced in navigating the mediation and arbitration processes, and can guide and advise you through that route if these options become necessary and are more appealing than fighting for a favorable judicial resolution.
The attorneys at the Davis Law Firm, LLC represent clients in all types of same-sex divorces, and no case is too simple or complex for our team to handle. Even if you find yourself on good terms with your soon-to-be former spouse, it is important to have an experienced divorce lawyer on your side to protect your rights and ensure that all formalities are satisfied.
Schedule a Confidential Consultation With a Reputable Same-Sex Divorce Lawyer in Mercer County
If you are considering divorcing your same-sex spouse, it is important that you understand you do not have to go through the process alone. Call our offices or fill out this secure online form, to schedule a confidential initial consultation with one of our experienced family law attorneys today. Our offices are conveniently located at 2653 Nottingham Way, Hamilton, NJ 08619.
Frequently Asked Questions About Trenton Same-Sex Divorce
A cohabitation agreement is an agreement often entered into between same-sex couples in a registered domestic partnership. Because the law does not provide for alimony or equitable asset division for couples who have entered into a domestic partnership agreement, a cohabitation agreement often serves a purpose similar to a prenuptial agreement. The couple can agree to financial support for one partner if the domestic partnership ends, and can specify how property will be divided if the relationship ends in the future. The terms of a cohabitation agreement can also impact child custody and parenting time issues, although those terms cannot specifically be agreed to in the agreement itself. Speak to an experienced same-sex divorce lawyer if you are considering divorce and entered into a cohabitation agreement while in a domestic partnership.
Dissolving the civil union adds another step to the divorce process. We will file a complaint requesting dissolution of the civil union, as well as a case information statement, which are documents similar to those required to file for divorce in New Jersey. The process can become more difficult if your civil union was filed in another state, but an experienced same-sex divorce lawyer can help you understand the potential requirements.