Red Bank LGBTQ Divorce Lawyers

The legalization of same-sex marriage in New Jersey in 2013 marked a historic step forward. However, just like any marriage, some LGBTQ marriages may come to an end. The divorce process can be emotionally and legally complex, especially when it involves unique issues related to parenting rights, civil unions, or the timing of a relationship relative to changes in the law.

If you are part of the LGBTQ+ community and considering divorce, working with a knowledgeable lawyer can help you protect your rights and navigate the challenges specific to your situation. At Sanvenero & Cittadino Attorneys at Law, our Red Bank LGBTQ divorce lawyer provides respectful, tailored guidance to clients throughout Monmouth County and beyond.

What Are Grounds for Divorce in New Jersey?

New Jersey allows both fault-based and no-fault grounds for divorce. The most common ground is irreconcilable differences, which simply means the marriage has broken down for at least six months and cannot be repaired. Other legally recognized grounds include:

• Adultery
• Desertion (for at least 12 months)
• Extreme cruelty (physical or mental)
• Drug or alcohol addiction
• Institutionalization for mental illness
• Imprisonment (18 months or more)
• Deviant sexual conduct (without consent)
• Separation (living apart for at least 18 months)

To file for divorce in New Jersey, at least one spouse must have lived in the state for 12 consecutive months before filing.

How Is Property Divided in an LGBTQ Divorce?

New Jersey is an equitable distribution state, which means that marital property and debt are divided fairly, but not necessarily equally. Courts consider a range of factors when dividing assets, including but not limited to:

• Duration of the marriage or civil union.
• Each party’s income and contributions.
• Child custody arrangements.
• Standard of living during the marriage.

Even if one spouse earned more income, the court may still award property or alimony to the other if they contributed to the household in non-financial ways. Debt accrued during the marriage is also divided equitably.

What Makes LGBTQ Divorce More Legally Complex?

Same-sex couples may face unique legal hurdles, especially if their relationship began before same-sex marriage became legal in New Jersey in 2013 or prior civil unions were involved (recognized since 2007). Some complicating factors include:

• Custody and parenting rights where only one parent is a biological or adoptive parent.
• Retroactive recognition of relationships before legalization, affecting the division of property.
• Pre-legalization agreements that may no longer reflect current laws.
• Disputes involving assisted reproduction, such as surrogacy.

These issues often require case-specific legal analysis. For example, a non-biological parent who helped raise a child may still seek custody or visitation under New Jersey’s "psychological parent" doctrine.

What Are My Divorce Options as an LGBTQ Spouse?

LGBTQ couples in New Jersey have access to several divorce paths:

• Contested Divorce: If spouses disagree on issues such as custody or asset division, the case may require litigation. This process can be lengthy and expensive, but it may be necessary in high-conflict situations.

• Uncontested Divorce / Dissolution: If both parties agree on all major issues, they may file for an uncontested divorce. This process is generally faster, less expensive, and less adversarial. It’s also an option for dissolving civil unions.

• Collaborative Divorce: In a collaborative divorce, both spouses retain lawyers trained in cooperative resolution and work toward a mutually agreeable settlement outside of court. This method emphasizes privacy, cooperation, and the well-being of any children involved.

• Mediation: Mediation involves a neutral third-party mediator helping spouses reach a voluntary agreement. This approach gives the couple more control over the outcome and can reduce emotional strain and legal fees.

No matter which path you choose, the court will always prioritize the best interests of any children involved.

How Are Custody and Parenting Time Decided?

Child custody in New Jersey is not based on marital status or sexual orientation. Courts focus on what is in the child’s best interest. However, LGBTQ couples may face added complications, particularly if:

• Only one spouse is the biological or legal parent.
• The child was conceived through assisted reproduction.
• One parent did not formally adopt the child.

Even in these cases, a non-biological parent may be granted custody or visitation if they can demonstrate a meaningful parental relationship. An experienced Red Bank LGBTQ divorce lawyer can help establish these rights and protect your family bond.

Why Choose Sanvenero & Cittadino Attorneys at Law for Your LGBTQ Divorce?

At Sanvenero & Cittadino Attorneys at Law, we understand that no two families are alike, and LGBTQ families sometimes face added legal and emotional challenges during divorce. We approach every case with compassion, discretion, and a deep understanding of New Jersey family law.

Whether you need guidance on property division, child custody, or parental rights, we will work to resolve your case in a way that protects your interests and respects your identity.