Attorneys Meeting The Unique Legal Needs Of LGBTQ+ Couples And Families
New Jersey law allowed for domestic partnerships and civil unions starting in the early 2000s. In late 2013, several important court rulings resulted in the legal recognition of same-sex marriage statewide. In 2015, the landmark decision by the U.S. Supreme Court extended same-sex marriage recognition across the country.
This is a simplified historical summary of a much more complex issue, but it nonetheless shows that LGBTQ+ couples have had to live with legal uncertainty for quite some time. As some of these couples now seek to end their marriages or seek custody of their children, they face complications and uncertainties that most heterosexual couples do not share.
At South Jersey Divorce Solutions, our experienced attorneys work with clients of all backgrounds, and we understand the unique legal challenges that are faced by many LGBTQ+ families. Whether you are facing one of the problems described below or something else entirely, please contact us to learn how we can help.
Property Division And What Counts As A Separate Asset
New Jersey’s equitable distribution laws generally classify marital property as any assets obtained after marriage, while separate property (that isn’t subject to division) is that which was obtained prior to marriage. This distinction isn’t useful for a couple who lived in a de facto marriage for years or decades before their union was legally recognized. Moreover, civil unions and domestic partnerships don’t confer the same legal rights and obligations.
When you work with our firm, we will take the time to understand the timeline of your relationship and the unique legal concerns involved. We will then work to help you obtain a fair property settlement that accurately reflects what should be considered either separate or marital property.
Second-Parent Adoption And Concerns Over Custody Rights
It is common in LGTBQ+ marriages for only one parent to be biologically related to the child, or for neither parent to be biological. While this is certainly not a problem from a love and support standpoint, it can create legal issues if the couple ever decides to divorce.
Our attorneys can help you secure your parental rights by legally adopting your nonbiological child. If you haven’t taken this step and are about to go through a divorce, we will work tirelessly to protect your relationship with your child and to seek a fair custody agreement that recognizes the parent-child bond you share.
Speak To Attorneys Who Listen And Care
The issues mentioned above only scratch the surface of the legal challenges facing LGBTQ+ couples and families. While we don’t discuss most of them on this page, we are eager to discuss your unique challenges with you and let you know how we can help. To get started, call our office in Merchantville at 856-499-8061 or reach out online.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey.