Freehold Same-Sex Divorce Lawyer

Same-sex couples often face specific legal challenges when ending a marriage or civil union. You may have questions about parental rights or property purchased before the marriage began. Issues from earlier relationships might also arise. You need advice that respects your history and secures your interests.

At the Law Office of Edward Fradkin, LLC, we represent LGBTQIA+ clients in Freehold and Monmouth County. We review the facts of your relationship to create a strategy for your case. Our attorney helps you manage these family and financial decisions.

The Divorce Process For Same-Sex Couples In New Jersey

Same-sex couples follow the same divorce laws as other litigants in New Jersey. The state treats same-sex marriage as legally equivalent to opposite-sex marriage. Therefore, the steps for filing for divorce, financial disclosures and legal timelines are identical.

However, the history of your relationship might have a larger impact than in other divorces. Some marriages began after years of cohabitation before the law changed. Others involve civil unions or domestic partnerships. You may need to formally dissolve those older legal ties along with the marriage. These details affect how we address your property, parenting plans and finances.

Unique Issues In Same-Sex Divorce Cases

Certain concerns come up more often in same-sex divorces, particularly for couples with long histories or specific family structures.

Parental rights

Custody matters require specific focus when only one parent is biologically related to a child. We work to secure the nonbiological parent’s legal standing. We review adoption records, including confirmatory adoptions. We also check donor agreements and past custody arrangements to verify your parental relationship under New Jersey law.

Property division

You may have assets from before the marriage. This is relevant if you lived together for a long time when marriage was not an option. The court may examine acquisition dates to determine if these items are subject to distribution.

Old legal ties

Many clients need to address a past civil union or domestic partnership. We address these earlier legal relationships to help avoid future financial claims.

Property Division In Same-Sex Divorce

New Jersey divides marital assets for all divorcing couples based on equitable distribution. The court examines how you acquired assets and what each spouse contributed. Usually, items purchased before the marriage remain separate property.

However, this distinction changes if you lived together for a long time first. We may use legal arguments regarding “unjust enrichment” to account for contributions you made to assets before the legal marriage began.

The Nuances Of Spousal Support In New Jersey

In New Jersey, same-sex couples have the same rights and responsibilities as opposite-sex couples when divorcing, including the potential for spousal support, also known as “alimony.” The court will consider various factors to determine if spousal support is appropriate, such as the length of the marriage, the earning capacity of each spouse, their financial and non-financial contributions to the marriage and the standard of living established during the marriage. The goal is to ensure a fair and equitable outcome, taking into account the economic circumstances of both parties after the divorce.

The court may award different types of spousal support, including permanent, limited duration, rehabilitative, or reimbursement alimony, depending on the specific circumstances of the case. For same-sex couples, as with heterosexual couples, the length of the marriage can significantly impact the duration and amount of alimony awarded. Additionally, if one spouse sacrificed career opportunities to support the other’s advancement, or if there is a significant disparity in income, the court may be more likely to award spousal support to address these imbalances.

Alimony determinations also vary. The court prioritizes the length of the legal marriage or civil union and does not automatically count prior cohabitation. However, that history is still relevant. We present evidence of your long-term cohabitation to provide a complete financial picture.

Get Skilled Legal Counsel For LGBTQIA+ Divorce

Since same-sex marriage only became legal in New Jersey in 2013, with civil unions recognized since 2007, many couples were in committed, marriage-like relationships for many years before they could legally marry. You can speak with a same-sex divorce lawyer by calling 732-702-0612 or using our online form. Our attorney at the Law Office of Edward Fradkin, LLC, has the experience needed to help you resolve the specific issues that arise in same-sex divorce.