LGBTQ Divorce in New Jersey

Marriage should provide legal and emotional support to couples, but not all relationships remain compatible over time. LGBTQ individuals face certain challenges when pursuing a divorce due to legal and societal factors that continue to evolve. That is why it is so important to work with legal professionals familiar with the specific concerns faced by LGBTQ individuals seeking a divorce.

In New Jersey, the legal framework surrounding LGBTQ divorce is generally the same as for any other divorce. However, certain situations require a nuanced approach to address factors relating to the LGBTQ community. Our New Jersey LGBTQ divorce lawyers at Sanvenero & Cittadino Attorneys at Law prepare clients for its implications and can make a significant difference in resolving disputes efficiently and effectively.

What Are the Grounds for Divorce in New Jersey?

New Jersey allows both fault-based and no-fault grounds for divorce. The most common basis for divorce is irreconcilable differences, a no-fault option that does not require proving misconduct by either spouse. For irreconcilable differences, couples must show that the marriage has been irreparable for at least six months and that reconciliation is not possible.

Fault-based grounds for divorce include abandonment, adultery, extreme cruelty, and substance abuse. Although citing fault can sometimes influence alimony or property division, most couples opt for no-fault divorce to simplify proceedings.

How Is Property Divided in an LGBTQ Divorce?

New Jersey follows the principle of equitable distribution, which means property is divided fairly, though not necessarily equally, between spouses. Marital property includes assets acquired during the marriage, while separate property encompasses assets owned before the marriage or received individually as gifts or inheritances.

With LGBTQ divorces, many couples were together before the legal recognition of same-sex marriage. Assets acquired during this pre-legalization period may not automatically qualify as marital property. Our New Jersey LGBTQ divorce lawyers address this issue through careful documentation and legal advice to identify what constitutes marital versus separate property.

What Are the Considerations for Child Custody in LGBTQ Divorces?

Child custody determinations always focus on the best interests of the child. For LGBTQ parents, custody issues may become more complicated if one parent is a biological parent while the other parent is not. Legal adoption by the non-biological parent provides stronger protections and recognizes parental rights.

When deciding custody, courts evaluate various factors, including but not limited to:

• The stability of each parent’s home.
• The child’s needs.
• The relationship between the child and each parent.

Parents may also need to address issues involving extended family members who may challenge custody or visitation arrangements.

How Does Alimony Work in LGBTQ Divorces?

Alimony, or spousal support, is determined based on factors such as the length of the marriage, the financial circumstances of each spouse, and contributions to the marriage. For LGBTQ couples, disparities in income or earning potential may create challenges when seeking equitable alimony arrangements.

The court evaluates each spouse’s ability to maintain a standard of living similar to that experienced during the marriage. Factors like career sacrifices made by one spouse to support the other’s career or care for children may also influence alimony decisions.

Can Prenuptial Agreements Affect LGBTQ Divorces?

A prenuptial agreement is a legal document outlining how property and assets will be divided in the event of a divorce. These agreements are legally enforceable in New Jersey if they meet specific requirements, such as being entered into voluntarily and with full financial disclosure by both parties.

In LGBTQ divorces, prenuptial agreements may address the division of assets acquired before the legal recognition of same-sex marriage. They can also protect individual property or determine spousal support in advance. Couples who have a valid prenuptial agreement benefit from clearer guidelines during divorce proceedings, reducing potential disputes.

Are Mediation and Collaborative Divorce Options for LGBTQ Couples?

Mediation and collaborative divorce offer alternatives to traditional litigation, emphasizing cooperation and mutual decision-making. In mediation, a neutral third party facilitates discussions to help spouses reach agreements on property division, custody, and support. Collaborative divorce involves each spouse working with their own lawyer and other professionals to resolve issues outside of court.

These approaches may be particularly beneficial for LGBTQ couples who want to preserve amicable relationships or maintain privacy. However, both parties must be willing to negotiate in good faith and prioritize shared goals. These methods can save time and reduce costs while achieving favorable outcomes.

What Challenges Might LGBTQ Individuals Face During Divorce?

Our New Jersey LGBTQ divorce lawyers help LGBTQ individuals face many challenges in divorce. Some are due to societal biases or gaps in legal protections. Issues related to non-biological parenting, pre-legalization partnerships, and extended family dynamics can create additional hurdles. Some couples may also encounter difficulties finding legal professionals who understand the nuances of LGBTQ family law.

Advocating for equitable treatment in these divorces requires a thorough understanding of legal rights. Spouses should seek representation from lawyers experienced in addressing the specific concerns faced by LGBTQ clients. That way, all legal avenues are considered and pursued to protect your interests.

What Should I Look for in a Divorce Lawyer?

Choosing the right lawyer is an important step in protecting your rights during a divorce. Look for a legal professional with experience in family law and familiarity with the issues faced by LGBTQ individuals. A lawyer should provide clear communication, compassionate guidance, and a commitment to pursuing fair outcomes.

Clients should also seek a lawyer who is knowledgeable about New Jersey’s divorce laws and who can effectively represent their interests in court or during negotiations. Our New Jersey LGBTQ divorce lawyers provide the confidence you need to approach the divorce process with clarity and purpose.

New Jersey LGBTQ Divorce Lawyers at Sanvenero & Cittadino Attorneys at Law Will Handle Your Divorce Case with Care and Professionalism

Divorce is a challenging experience, but you do not have to face it alone. The New Jersey LGBTQ divorce lawyers at Sanvenero & Cittadino Attorneys at Law can assist with property division, custody matters, and spousal support to help you move forward with confidence. For a free consultation, complete our online form or call our Red Bank, New Jersey office at 732-743-9665. We proudly serve clients in Monmouth County, Middlesex County, and Ocean County.