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Is a Same-Sex Couple Divorce Handled Differently?

In New Jersey, a divorce between a same-sex couple is not handled differently than a traditional divorce of a heterosexual couple. However, certain aspects of a same-sex divorce may be more complicated, such as child custody and division of assets. This is because same-sex marriage was only legalized by the U.S. Supreme Court in 2015, so many couples were together long before the law recognized their relationship. Since 2015, all same-sex couples have the same rights and benefits as heterosexual couples in the United States.

What Is the Divorce Process in New Jersey?


Anyone getting divorced in New Jersey must first meet the residency requirements. You or your spouse must have resided in New Jersey for at least one year before filing for divorce. The court makes an exception to this rule in cases of adultery.

After deciding the grounds for basing your divorce claim, you may file divorce papers and have copies sent to your spouse. New Jersey is a “no-fault” divorce state, which means you do not have to prove that your spouse did anything wrong to be able to ask for a divorce. Although other options are available, this is the easiest path when filing for divorce.

Assets must be divided, and if there are children, it must be decided who will care for them or if custody will be shared. For same-sex divorces, this is where matters could get complicated. The court heavily considers the duration of marriage when determining the equitable distribution of assets; however, many same-sex couples were together in committed relationships long before they were allowed to marry each other.

Similarly, it may be challenging to determine alimony in same-sex divorces if a couple was together for a long time before getting married, as the duration of marriage is a significant consideration in awarding alimony payments.

In child custody matters, where one spouse is a biological parent and the other is not biologically related to the child, the non-related parent may have difficulty gaining custody.

Every divorce has a unique set of circumstances, and having a lawyer can help resolve any complications in a manner that is quick, fair, and reasonable.

Contact Our Marlton Divorce Lawyers at Goldstein & Mignogna, P.A. if You Are Seeking a Same-Sex Divorce


For legal help navigating a same-sex divorce, you can count on our Marlton divorce lawyers at Goldstein & Mignogna, P.A. Call us at 856-890-9400 or contact us online to schedule an initial consultation. Located in Marlton, New Jersey, we represent clients in South Jersey, including Burlington County, Camden County, and Gloucester County.

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