Will I be able to complete a same sex marriage or divorce in New Jersey?
While you can end a relationship with your same sex partner in the state of New Jersey, it may not be seen as a divorce in court. New Jersey state law differs between a heterosexual divorce and same sex divorce because the state does not recognize same sex marriage. New Jersey only allows for legal civil unions for homosexual couples even if they were legally married in another state. This can make alimony and other spousal payments more difficult as well. For the same reason, determining custody of children can also become complicated.
Two different sets of rules often make it more difficult for same-sex couples to end their relationships. Similar complications exist when it comes to dividing up property and personal assets that belonged to the couple in question. For example, state law allows heterosexual couples to split pension benefits at the time of divorce while the members of a homosexual marriage cannot legally do so as long as the wording of the laws vary between straight divorce and a dissolution of a gay civil union.
Complications Ending Civil Unions
Another consideration is that while same sex marriage in the form of civil unions have not always been legal in New Jersey. Because of this, many couples may have been together longer than the law recognizes. According to the legal length of their same sex marriage, a spouse may not qualify for alimony or other spousal support if they've been in a legal union for just two years. However, that couple may have been together for thirty years prior to the changing of the law.
It's advisable for same sex couples to seek legal consultation for divorce help. Although, many lawyers may not want to take on this type of case at all. Hiring an attorney will make dissolution of a same sex marriage as painless in possible in the state of New Jersey. Even some family lawyers are unaware that the same laws should apply to same sex divorce as apply to heterosexual divorce. This confusion could lengthen the divorce process, which is why it's so important to do your research before hiring an attorney.
Although it may be difficult to get a same sex divorce in the state of New Jersey, requirements for residency may prevent residents from dissolving their same sex union in other states without first living in that state for a minimum required period of time. Complete Case can help couples end their marriages easily.