Same-Sex Divorce and Dissolutions of Civil Unions and Domestic Partnerships
In New Jersey, the process for obtaining a same-sex divorce or dissolution is the same as ending a traditional heterosexual marriage. Either party can file for dissolution on a no-fault or at-fault basis. However, same-sex dissolution cases may have unique considerations regarding both property division and support payments.
When courts determine how to divide property in a New Jersey divorce case, one of the top concerns is whether the property in question is marital or individual. If you own an asset before marriage, it usually stays your individual property. But any property you and your partner acquire during marriage is marital property, subject to New Jersey’s equitable division laws.
Separating marital property from individual property is often tricky for divorcing married LGBTQ partners because it is difficult to pin down the duration of a same-sex marriage, union, or partnership that began before legislators chose to recognize the relationship’s validity.
The duration of a legally valid, same-sex marriage is also an important factor in determining spousal support or alimony in an LGBTQ divorce case. Judges consider many elements, including the length of the relationship, before they issue alimony orders, so it is often difficult for same-sex divorcé(e)s to obtain full and fair support. Our family lawyers serving the Princeton area and statewide can help you identify and present sound evidence as proof of the duration of your relationship in a same-sex dissolution case.