The LGBT community has endured years of injustice related to marriage. Finally, the federal government took action against the injustice and gave the LGBT community the right to marry. Every state must allow for same-sex couples to marry and have the same rights related to issues like insurance coverage, legal familial bonds, and divorce. Divorce is a reality for people from all walks of life. Having effective and caring legal support is important when facing such significant legal matters. If you are in need of quality legal support, contact Paris P. Eliades Law Firm, LLC for a consultation today.
Like any other couples, same-sex couples must fulfill the residency requirement required for the state to have jurisdiction over the case. For a New Jersey court to take a case, one of the spouses must be a bona fide resident of New Jersey or lived in New Jersey for at least one year, unless the plaintiff cites adultery as grounds for the divorce. To get a divorce in New Jersey, a person must cite grounds, a legally acceptable reason for the split. Fortunately, New Jersey is a “no-fault” divorce state. Like any no-fault divorce state, if you want a divorce, grounds are just a formality, and you will never be denied one. No-fault divorce grounds include irreconcilable differences or a separation of at least 18 months. Though New Jersey is a “no-fault” divorce state, it is not a pure one. A spouse may cite “fault” grounds that courts may consider when addressing certain issues. Ground for divorce include:
- Extreme cruelty
- Deviant sexual conduct
When grounds are cited for the state and residency requirements are fulfilled, same-sex couples need to address the same issues as any other couple. These may include:
- Spousal support
- Property distribution
- Child support
- Child custody
Similar to any divorce, these issues can be resolved in court or through alternative dispute resolution. Avoiding litigation is recommended by most New Jersey courts because both parties usually save money, save time, and are able to live with the outcome amicably since their fate is in their hands and not decided by a judge. If you are interested in learning more about mediation, contact Paris P. Eliades Law Firm LLC with any legal questions or to inquire about the mediation process.
Contact a firm that cares
At Paris P. Eliades Law Firm LLC, we are dedicated to serving the needs of LGBT community in New Jersey. If you are a same-sex couple seeking a divorce, you should contact our Sussex County law firm today. Located in Sparta, New Jersey, our firm is ready to guide you through tough times and towards a better life. Whether you need quality representation in a divorce court case or effective mediation to end the relationship in the most positive way, our firm is here to serve. Paris P. Eliades Law Firm LLC has years of experience with divorce law and mediation. Contact us for a consultation.