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There’s a popular phrase that speaks to the LGBTQIA+ community with regard to matters of Pride: Love is love. We’d like to add, Divorce is divorce.
When the United States Supreme Court ruled in 2015, in its landmark ruling in Obergefell v. Hodges, that all fifty states in the U.S. had to license and recognize same-sex marriage, it also effectively did the same for divorce (of course, New Jersey was ahead of the curve, recognizing both in 2013). Whereas, prior, many same-sex divorces were the domain of domestic unions breaking up and civil partnerships ending, now divorce is divorce. In the state of New Jersey (a no-fault divorce state), what was once categorized as ‘same-sex divorce’ (the dissolution of a Court-recognized same-sex coupling) is now, well… divorce.
Still, a lawyer who understands the intricacies of what we’ll refer to as ‘same-sex divorce’ for the purposes of this webpage— a Hackensack same-sex divorce lawyer— may still be of use to you if you’re considering dissolving your marriage to a person of the same sex, or a person who self-identifies as LGBTQIA+. Let’s look at some of the reasons why:
Because the circumstances of same-sex couples rearing children in the world often start differently (through a surrogate, perhaps, or adoption), custody is an area in which a Hackensack same-sex divorce attorney might be invaluable. If one parent is biologically related to the child, this may impact the Court in determining custody (fairly or unfairly; oftentimes, the caselaw has not caught up with contemporary societal thinking).
A non-custodial parent (even one with limited parenting time rights) may still discover that they must pay child support to their co-parent. Whether you’re the co-parent who is to receive child support or the one to pay it out, a same-sex divorce lawyer in Hackensack can help you make sense of the dollars and cents of rearing children after the dissolution of a marriage.
Especially with children, the emotional aspect of terminating a same-sex marriage may, unfairly or not, carry more emotional weight than a heteronormative divorce. Children may be more prone to be teased or bullied at school or more apt to place the blame on their own shoulders. Working with a Hackensack LGBTQIA+ attorney to find the right therapist, the right counselor, and the right team to assist your family in this time of transition may be a way to ease the path of divorce for children.
We have an entire webpage devoted to this topic here; suffice it to say that there is a raft of legal issues that same-sex couples may confront when dealing with the dissolution of such (especially couples having entered into such an arrangement prior to 2013).
For divorcing same-sex couples, time may not have been on their side, which is to say that many couples may have been together for many years prior to the state legally recognizing them as a couple (through civil unions, domestic partnerships, and marriage). Financial considerations such as Alimony and Division of Assets often rest upon how long a couple has been together— and if you haven’t been able to be legally recognized, that may impact these financial issues. An LGBTQIA+ divorce lawyer in Hackensack can help manage both expectations and money when it comes to these and other financial aspects.
While a same-sex divorce is simply a divorce by any other name, as you can see, there are wrinkles that may present themselves due to the circumstances (especially if children are involved). O’Cathain Law Group’s motto is Move Forward— and a Hackensack same-sex divorce lawyer can help you do just that.
Call, fill out the intake form, or email a dedicated Family Law paralegal to speak with an attorney at O’Cathain Law Group.