Whether a person is in a same-sex relationship or a heterosexual relationship, the prospect of divorce looms heavily over many couples considering a breakup. Those who belong to the LGBT community may also be worried about the nature of their marital relationship and the limits thereof. This is a common concern, in fact, as it was only in 2013 that the state of New Jersey legalized same-sex marriages. The “newness” of this marital construct for same-sex relationships (and its interaction with preexisting alternatives, such as civil unions) can cause some confusion.
If you are interested in moving forward with a same-sex divorce — whether the situation is amicable or high-conflict — then it is important that you consult with a qualified New Jersey same-sex divorce lawyer who can help you achieve a favorable resolution. In many cases, divorce proceedings can be an emotionally fraught challenge for both parties. This is for good reason — the outcome of a divorce proceeding could have a substantial impact on the financial health of each party and the quality of the relationship formed between parents and children (in divorce proceedings involving child custody and visitation issues).
Call (973) 226-4141 to speak to an experienced New Jersey divorce lawyer from Nitti & Nitti, P.C. for a free initial consultation. We represent clients throughout Essex County, New Jersey, including Newark, Irvington, Livingston, and East Orange, New Jersey.
Although the LGBT community struggled for decades to achieve marriage equality, it was only in the 2000s that the movement finally gained enough overwhelming momentum to force the U.S. Supreme Court to reconsider its old position. Today, in New Jersey — and federally, across the United States — same-sex marriage is legal.
So, what does this mean for divorcing same-sex couples? Same-sex couples who are going through a divorce are subject to the same laws and regulations as heterosexual couples. In New Jersey, this means that couples attempting to secure a divorce must meet a residency requirement (e.g., one-year residency in the state), and they may either choose a no-fault divorce or a fault-based divorce. Once the divorce proceedings are underway, the same-sex couple must evaluate their financial situation, divide property equitably, handle spousal support, and resolve child support issues.
Just to reiterate: there are no special entitlements or limitations imposed on same-sex couples in this regard.
Despite the fact that same-sex divorce is the same as heterosexual divorce, at least in fundamental legal terms, there are a number of conflicts that are more likely to crop up in same-sex divorce scenarios. These include issues relating to child custody, visitation and support for nonbiological children, and issues relating to the impact of years spent in a civil union (or cohabiting as a couple) on spousal support and property division.
Generally speaking, the New Jersey same-sex divorce lawyers at Nitti & Nitti, P.C. approach family law disputes — divorces included — with the intention of resolving the matter in an amicable fashion, to the degree that such a resolution is actually possible. Attorney Joseph Nitti, Esq. is a certified Early Settlement Panelist and family law mediator in New Jersey, and he is therefore uniquely well-equipped to collaborate with each party and help move discussions forward in a healthy and efficient manner. Negotiations sometimes break down, however, and when that happens, we are more than capable of aggressively advocating on behalf of our clients in court.
Here at Nitti & Nitti, P.C., our same-sex divorce lawyers have decades of experience representing LGBT individuals in a range of family law disputes, including divorce and related matters (such as custody, alimony, property division, and more). We understand the unique challenges associated with same-sex divorce, and we know how best to proceed with a dispute so as to ensure a favorable outcome for our clients.
If you are considering a same-sex divorce, you are planning to move forward with a divorce, or you have any other family law concerns that need to be addressed, we encourage you to contact an experienced New Jersey same-sex divorce lawyer at Nitti & Nitti, P.C. for further assistance. Contact us here or call (973) 226-4141 today to arrange for a free and confidential consultation with one of our experienced family law lawyers. We return all calls and other inquiries promptly.
At our firm, we understand that your time and money are precious and that your legal needs are unique. When you call Nitti & Nitti, P.C., you will speak directly with an attorney and enjoy the attention of a small firm that possesses the resources of a big firm.
