When same-sex marriage was legalized nationwide in 2015, it brought new opportunities for couples to share their lives legally and equally. Alongside this progress came the realization that same-sex couples, like all couples, may face the difficult decision to end their marriages. Divorce can be a complicated and emotional process for anyone, and same-sex couples in New Jersey have their own unique considerations. Understanding what to expect during this time can help individuals navigate the legal and emotional challenges involved. At, Tanya L. Freeman, Attorney at Law, we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding New Jersey Divorce Laws
In New Jersey, the laws governing divorce apply equally to all couples, regardless of gender or sexual orientation. This ensures that same-sex couples have the same rights and responsibilities during the process of ending a marriage. The state recognizes both fault-based and no-fault grounds for divorce, allowing individuals to choose the reason that best fits their situation. A no-fault divorce is often based on irreconcilable differences, meaning that the couple has grown apart and cannot fix their relationship. Fault-based grounds, such as abandonment, cruelty, or adultery, may also be cited.
Couples must meet residency requirements before filing for divorce in New Jersey. At least one spouse must have lived in the state for a year before the divorce can be finalized. This rule ensures that New Jersey courts have jurisdiction over the case. Once this requirement is met, the process can begin by filing a complaint for divorce with the court.
Division of Property and Assets
Dividing property and assets is often one of the most challenging parts of a divorce. New Jersey follows the principle of equitable distribution, which means that marital property is divided in a way that is fair, though not necessarily equal. Marital property includes assets and debts acquired during the marriage, such as homes, vehicles, savings accounts, and even retirement benefits.
For same-sex couples, questions about property division can become more complex if their relationship began before marriage equality was legalized. In some cases, a couple may have shared a home or other assets for many years before they were legally married. Courts may need to consider the history of the relationship when deciding how to divide property, which can make the process more complicated. Clear communication and thorough documentation of assets are essential during this stage.
More than an accomplished divorce and family law attorney, Tanya L. Freeman, is a consummate professional with a wealth of corporate and life experience. Known as a leader and strategist, Tanya L. Freeman was appointed by the Governor of New Jersey as Chair of the Board of Directors of the University Hospital in Newark, New Jersey. Tanya L. Freeman also presents among the ranks of public speakers. She captivates and inspires professional groups nationwide. "Tanya has the eloquence and oratory brilliance with the ability to forge deep connections with her listeners."
Tanya L. Freeman, Attorney at Law
Managing Partner of the Family Law Practice at Callagy Law
Child Custody and Parenting Plans
For same-sex couples with children, determining custody and parenting plans is another critical aspect of divorce. New Jersey courts prioritize the best interests of the child when making decisions about custody and visitation. Factors such as each parent’s ability to provide a stable and loving environment, their work schedules, and the child’s preferences may be considered.
In cases where both parents are legal parents of the child, custody matters are handled in the same way as for opposite-sex couples. However, challenges can arise if only one parent has a legal or biological connection to the child. For example, if one parent adopted the child or gave birth, while the other parent did not formally establish legal parentage, the court may need to determine whether the non-legal parent has rights to custody or visitation. Same-sex couples considering divorce should ensure that their parental rights are clearly established to avoid potential disputes.
Spousal Support and Alimony
Alimony, or spousal support, is another important factor to consider during a divorce. New Jersey courts evaluate several factors when deciding whether one spouse should receive alimony and, if so, how much. These factors include the length of the marriage, each spouse’s financial situation, and their ability to earn income.
For same-sex couples, determining the length of the marriage can sometimes be a unique issue. Couples who were together for many years before legally marrying may feel that their relationship’s full history should be considered when calculating alimony. While New Jersey courts typically measure the marriage from the date of the legal wedding, they may consider other factors if the couple presents a strong case.
I was very fortunate to find Tanya online during an urgent family matter. I was able to speak with her on our situation and she immediately jumped on the case the same day. I was impressed at her knowledge and her team as they were able to answer questions on the spot and navigate through an unpleasant situation. Her honesty and responsiveness have made this process much easier, and the support she has provided has truly gone above my expectation of a family law firm. This is truly an exceptional firm & I would highly recommend.” - Lydia Martinez My father recently hired Tanya Freeman; Family Law Attorney and her team as a replacement to handle his divorce which has been going nowhere for over 3 years with a different attorney. Tanya and her team have done so much within just a few months for his trial and has given my father a new sense of hope. The team is always quick to respond to any questions. The case is still ongoing, however, my father has newly restored confidence that he will be treated fairly and with his best interest in mind. We definitely recommend Tanya Freeman; Family Law Attorney." - Molly Howard Tanya is an outstanding attorney! Her attentiveness to detail and willingness to be honest with her clients means you’re going to get the best possible outcome for your case. She and her team went above and beyond, making sure my divorce and custody case ended neatly and in the best interest of my children. Her pricing is reasonable and she’s willing to work with you. I highly recommend Tanya Freeman to anyone going through a divorce or family law case!" - Jenifer Mckinney
Emotional and Legal Challenges
Divorce is a deeply personal experience that brings many emotions to the surface. For same-sex couples, additional challenges may arise due to societal attitudes or misunderstandings about their relationships. These issues can make the process more stressful, especially when combined with the legal complexities of dividing assets or determining custody.
It is important to seek support from trusted friends, family members, or professionals who can provide guidance during this time. Having a clear understanding of your rights and responsibilities is crucial for making informed decisions. A skilled legal team can also help ensure that the process is handled with care and fairness.
Preparing for Mediation or Court
Many divorces in New Jersey are resolved through mediation, which allows couples to work together to reach agreements on key issues. Mediation can be a less stressful and more cost-effective option than going to court, and it often allows couples to maintain greater control over the outcome. During mediation, a neutral third party helps the couple communicate and find common ground on topics such as property division, custody, and alimony.
If mediation is not successful, the case may proceed to court, where a judge will make decisions based on the evidence and arguments presented. In these situations, it is essential to have strong legal representation to protect your rights and interests. Whether through mediation or litigation, the goal is to reach a resolution that allows both parties to move forward with their lives.
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Looking Ahead After Divorce
The end of a marriage marks the beginning of a new chapter in life. For same-sex couples, this can be an opportunity to embrace personal growth and rediscover independence. While the process of divorce can be painful, it also offers a chance to create a fresh start and focus on building a positive future.
Moving forward after divorce involves practical steps such as updating legal documents, revising financial plans, and establishing new routines. It may also involve seeking support from counselors or therapists who can provide tools for coping with the emotional impact of the transition. Taking the time to care for yourself and plan for the future can make the path ahead more manageable.
Navigating the challenges of divorce requires patience, knowledge, and support. If you are a same-sex couple in New Jersey facing divorce, having a compassionate and skilled legal team on your side can make all the difference. Tanya L. Freeman, Attorney at Law, is here to help you through this process with care and understanding. Whether you need assistance with property division, custody, or alimony, the firm is committed to protecting your rights and guiding you every step of the way. Reach out today to begin your journey toward a brighter future.