The LGBT community has endured years of injustice related to marriage. Through years of struggle, the LGBT community has fought for the same rights as heterosexual individuals. Until recently, if a same-sex couple wanted to marry, they would need to travel to one of the few states to allow the union. Couples would travel to states like Massachusetts and Vermont in order to make their marriages official. Unfortunately, when they went back to their own states, they were not recognized as a married couple and did not have the same rights as their neighbors. If they sought a divorce, they would often be denied altogether because they did not fulfill the residency requirements dictated by the laws of the state they were married in. Finally, the federal government took action against the injustice and gave the LGBT community the right to marry. Now, 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. When a same-sex couple seeks a divorce to dissolve the relationship, they have similar issues to a heterosexual couple.
Like many 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. One of the spouses must also cite grounds for divorce. Like any “no-fault” divorce state, if you want a divorce, grounds are just a formality, and you will never be denied one. 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:
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 could include:
Similar to any divorce, these issues can be resolved in court or through mediation. Mediation is recommended by most New Jersey courts because both parties are usually 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 the lesbian, gay, bisexual and transgender (LGBT) community in New Jersey. If you are a same-sex couple seeking a divorce, you should contact our Sparta firm today. Located in Sussex County, 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.
48 Sparta Avenue
Sparta, NJ 07871