Do my partner and I need to go through a divorce if we have a domestic partnership/civil union?

Although same-sex couples became able to get married nationwide in 2013, this did not automatically convert any other legal relationships, such as domestic partnerships or civil unions, into marriages. Same-sex couples with such relationships still had to obtain a marriage license to become legally married. Same-sex partners with a domestic partnership or civil union who wish to terminate their relationship must do so according to the procedures under the laws that established those relationships. Divorce can only dissolve a marriage.

Can I obtain custody rights to our child or children if they are biologically related to my spouse but not to me?

If you adopted your and your partner’s child or were listed as your child’s parent on their birth certificate, you can obtain custody rights to your child. New Jersey takes a gender-neutral approach to child custody, recognizing that both parents should play a meaningful role in children’s lives. Courts may treat all children born or adopted during your marriage as your and your spouse’s children. However, if you do not have legal recognition as your child’s parent, a New Jersey same-sex divorce attorney from our firm can still advocate for your custody rights. We can argue for you if you have meaningfully participated in raising your child and have acquired the status of a parent in your child’s life.

New Jersey Same-Sex Divorce Lawyer | LGBTQ Family Law Attorney Red Bank, NJ

LGBTQ Family Law Attorney in Red Bank Guides Same-Sex Couples Through Divorce in Monmouth County, Ocean County, Middlesex County, and Throughout NJ

Studies have found that same-sex couples get divorced at a lower rate than different-sex couples. However, same-sex divorces do occur. Same-sex couples who split may face complications with unwinding their relationship, including splitting up assets and deciding custody and support of children. Although getting divorced can cause you and your family much pain and anxiety, you don’t have to go through the process alone. New Jersey same-sex divorce lawyer Joseph J. Russell and our firm can guide you and advocate for your rights and future.

For over a century, our firm has worked hard to provide diligent legal representation to clients going through life-changing legal matters like divorce. Our team of more than 100 attorneys has the experience and resources necessary to tackle any complications or obstacles that may arise in your case. Joseph J. Russell and our family law group have received multiple awards and recognitions reflecting our dedication to outstanding client service and achieving excellent results for our clients. Our attorneys will help you face and resolve any complex or unique issues that same-sex couples may face when they get divorced.

Contact Joseph J. Russell Divorce & Family Law Attorney, for an initial case review to learn more about your rights and options if you or your spouse have filed or want to file for divorce. An LGBTQ family law attorney in Red Bank from our firm can help guide you through the complexities of your divorce and ensure you can start the next stage of your life on the right path.

Need a Divorce? Joseph J. Russell Divorce & Family Law Attorney Can Help. Just Fill Out Our Convenient Online Contact Form for a Confidential Consultation.

Same-Sex Divorces Can Have Complicated Issues

When same-sex couples get divorced, they face the same issues and disputes that different-sex spouses have, including:

Establishing grounds for divorce, such as proving fault for an at-fault divorce or observing waiting periods for a no-fault divorce
Equitable division of marital property
Alimony/spousal support
Child custody/support

However, same-sex couples may have unique complications when resolving these issues. For example, same-sex spouses may dispute which assets fall within the marital estate, including assets titled in only one spouse’s name before the marriage, even when the couple had a long-term committed relationship before the legal recognition of same-sex marriages.

Same-sex spouses may also face complications over child custody and support if one spouse does not have legal parental rights to the couple’s child or children. That spouse may have trouble obtaining custody rights if the biological spouse opposes sharing custody. A legal parent may face obstacles getting child support from a non-legal-parent spouse. These difficulties can create an emotionally-charged divorce when the couple has spent years raising children together.

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"Joe Russell is an expert in his field! He handles all clients with compassion and professionalism. I have recommended him to many friends and families and they have all raved about their experience working with him."
Nicole Wasserman-01/15/2023

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New Jersey Same-Sex Divorce Lawyer Joseph J. Russell and His Team Will Fight for Your Interests in a Divorce

Whether divorce has come as a shock to you or you have thought about splitting from your spouse for a long time, you need experienced legal counsel to help you protect your rights and future. An LGBTQ family law attorney in Red Bank from our firm can help you prepare for divorce or act quickly to protect yourself if your spouse surprises you with divorce papers. Turn to New Jersey same-sex divorce lawyer Joseph J. Russell for dedicated legal representation that includes:

Taking time to get to know you and understand your needs and goals so we can develop a case strategy to achieve the results you want in your divorce
Discussing your legal options and the divorce process with you so you know what to expect
Gathering documents you will need for your divorce, including financial records, property titles, or your children’s birth certificates
Negotiating with your spouse or their counsel to settle the outstanding issues in your divorce
Drafting and filing your divorce complaint or preparing your answer after your spouse files for divorce
Advocating for your interests in court to secure your rights to your family’s assets or your relationship with your children

Let our firm help you get the best start on your future after divorce by protecting your and your family’s rights and interests.

Get Advice From An Experienced New Jersey Divorce Attorney. All You Have To Do Is Fill Out Our Convenient Online Contact Form To Receive Your Confidential Case Evaluation.

Contact an LGBTQ Family Law Attorney in Red Bank for a Confidential Consultation to Discuss Your Legal Options

Divorce represents a complete change in your life, but you don’t have to go through the process alone. Contact Joseph J. Russell Divorce & Family Law Attorney, to discuss how our firm can help guide you through your divorce and advocate for your rights. Let us protect your interests so you can begin this next chapter of your life.

New Jersey Same-Sex Divorce Lawyer