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Same-sex divorce: Issues that can complicate proceedings

Romantic relationships between people of the same sex continue to be a hot button topic in  New Jersey and elsewhere. There are typically many extenuating issues that intersect or, at least, influence this controversial topic, such as religion, political views or, even, ethnicity. No matter what a man or woman personally believes, same-sex marriage is legally permitted in all 50 states, which has led to many complex situations involving same-sex divorce.

In states that do not recognize common law marriage, people of the same sex who lived together long before obtaining a marriage license often encounter challenges regarding marital property. No matter how long a couple has shared a residence, if common law marriage is not recognized, marital property only includes assets acquired during legal marriage. Same-sex divorce can also get complicated regarding child custody issues.

The court always has children's best interests in mind regarding custody or child support matters. When both parents are of the same sex, a judge is likely to consider whether a child in question happens to be a biological child of one of the parents. If not, the court might want to know whether both parents had legally adopted the child.

Same-sex divorce can be emotionally and financially difficult. An attorney experienced in family law litigation can provide much-needed guidance and support to any spouse considering filing a petition to divorce. If a spouse has questions regarding New Jersey law as it pertains to specific issues, he or she may address such matters during consultation.

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