New Jersey Family Law Blog

Although divorces of LGBT couples in New Jersey are mostly treated in the same way as those of heterosexual couples, there are some unique challenges. Even with changes to the language of divorce laws, some couples were together for decades before they were allowed to get married. If they file for divorce now, they have only been married for a few years in the eyes of the law, with potentially severe impacts on matters such as property division. It complicates the division of assets accumulated as a couple in the years prior to marriage.

Some child-related issues can also be significant issues, especially when one spouse is the biological parent. It might be a challenge to establish a legal tie between the nonbiological spouse and the child. It could play a role in decisions about child custody, child and spousal support, and even the child's inheritance. In heterosexual marriages, it is presumed that the spouse of a woman who gave birth to a child is the other parent.

Going through a divorce is one of the most emotional and difficult things anyone can face. When it comes to the division of assets, many New Jersey couples focus on the obvious and overlook the less obvious. An example is couples who did a lot of traveling. They might have thousands of dollars worth of accumulated frequent flyer points, which can be split by sharing the value or by the spouse owning the points issuing free travel tickets in the name of the other spouse.

Deciding what to do with resort timeshares could be challenging, and in many cases, there is still a substantial amount outstanding, which could be a significant financial burden for one spouse. Other options to consider include continuing joint ownership, selling it or letting it go into foreclosure. Vacation pay could be another source of funds to share. Some companies allow employees to cash out their sick and vacation leave. Both spouses can find out about this option from their HR departments.

It is not unusual for New Jersey couples to live together for some time. Some choose to marry later, but others might continue to cohabitate. Like married couples, they accumulate assets during this time, and they might even have children together. However, what happens when the relationship ends? How does the law treat property division for unmarried couples?

Cohabitating couples do not receive the same protection as married couples in divorce. The best way to avoid costly legal battles to protect each party's property rights is to enter into an agreement at the start of the cohabitation arrangements. Such an agreement can include the unique needs of each partner in the event of the death of one or the end of the relationship, and it is best to draft one before problems arise.

Since the U.S. Supreme Court struck down the Defense of Marriage Act in 2015, same-sex marriages are constitutionally protected nationwide, including New Jersey. Just like many heterosexual marriages, many married partners of the same sex will end up seeking a divorce. However, same-sex divorce laws are still evolving, and many gray areas leave divorcing couples seeking answers.

Baby boomers might have been in same-sex relationships for many years before DOMA was declared unconstitutional. Some were in domestic partnerships, converting the status when same-sex marriages became lawful. Challenges arise when such a couple decides to divorce because their accumulation of assets as a couple might have started long before the date of their marriage.