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Guide to LGBT, Same-Sex Divorce in NJ

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Jul 16, 2021

Guide to LGBT, Same-Sex Divorce in NJ

LGBT, Same-Sex Divorce in New Jersey

LGBT couples have the right to get married in the same manner as heterosexual couples. This is thanks to longtime activism and the Supreme Court’s 2015 decision.

Though it got legalized a short while ago, same-sex couples still want to get divorced. The factual matter is that the question of how to get a divorce in an LGBT marriage can come with its own set of challenges, especially in New Jersey.

With some topics like child custody, legal nuances need to be considered delicately and equally heterosexual couples. But, if you are looking to seek to get a same-sex divorce in New Jersey, then keep reading.

Working Out Child Custody and Spousal Support

A common issue for any couple getting divorced is child custody. However, in heterosexual couples who have biological children, the issue is more simplified. This is because the court sees both spouses as having equal custody automatically.

With same-sex couples, it is not that simple. In same-sex marriage, spouses have children either through surrogacy, adoption, or IVF.

This means that only one party in the couple could be the biological parent or both parties are not biological parents by law. In New Jersey, this is challenging. This is because state law favors biological parents over any third parties in custody disputes.

Spousal support (alimony) can also have its challenges if the couple became a couple before same-sex marriage got legalized in the state in 2013. No matter what, both spouses need to take the potential psychological effects on their children seriously. They should maintain their respect for one another throughout the divorce proceedings.

Make a Note of Any Assets

The court will take note of any property and debts the couple had throughout their partnership. This is important because when the LGBT couple got married could affect how balanced the property settlement is.

For example, was the couple living together before same-sex marriage was legalized in New Jersey?

In New Jersey, all marital assets are divided between the spouses getting divorced before the divorce becomes finalized. This can be done by mutual agreement or a judge’s order if the parties cannot agree.

If one party had property before the legal marriage, the judge could determine it as separate property. They can then award it to the spouse who purchased the property. Keep in mind that this will be based on the court or judge’s discretion.

Learn More About Same-Sex Divorce in New Jersey

Getting divorced is always a challenging situation you go through, whether you are straight or LGBT.

While the process is typically the same all over the country, same-sex divorce in New Jersey may come with different regulations. Thus, getting a New Jersey same-sex divorce lawyer will guide you as the court considers it.

A divorce attorney at our firm can help you navigate this new path in your life. If you are considering getting a same-sex divorce and need to find LGBT divorce attorneys, then schedule a consultation with us today. We will be happy to guide you through the process.


Elizabeth Dalena helped me through a very difficult divorce and I felt working with her was like working with a friend you can trust! Beth, thank you for your professionalism and helping me through this difficult time.
Michael Mastrogiacomo - March 2020
If you’ve been searching for an honest and empathetic attorney...someone you can trust while you navigate the difficult and emotional world of family law, then do yourself a favor and contact Beth Dalena & Jessica Bosch. You’ll be so glad you did.
Par 5 Consulting - March 2020
When you are in the painful and often frightening process of divorce, the women of this law firm bring you confidence and security with their knowledge and professionalism. They exhibit that rare combination of the willingness to hold your hand like a compassionate friend and defend you like a piranha in the courtroom when necessary. They exhibit dedication, and the grace and wisdom of their long term experience. They look…
Cindy Morhouse - February 2020
These ladies have helped me several times in my experience with them. Jessica was my divorce attorney and I can say without hesitation, she was professionally and personally a gift to me. She handled my case (adversarial at best) with grace and knowledge. A fighter when necessary. She handled me in my personal state as a friend. Compassionate and kind. Beth assisted me with rewriting my deed after my divorce…
Scarlett O - January 2020
I chose Jessica A. Bosch to represent me because she was compassionate and knowledgeable. My divorce was a long and difficult journey. During this time, I lost sight of what was really important. Jessica kept me grounded and focused on what would be best for me after the divorce. I am grateful for her help in protecting two very important financial things that I might have given up. I didn't…
Cynthia R - December 2019