Same Sex Family Law with Sylvia

Breitowich Law stands by our commitment to honoring love in all its forms, regardless of gender, sex, or otherwise. 

In October 2013,  New Jersey legalized same-sex marriage which granted same-sex couples the same privileges and rights as opposite-sex couples in New Jersey. As such, for couples married in New Jersey after October 2013, or for those who were married in another state and meet the residency requirements for divorce in New Jersey, the divorce process is exactly the same as it would be for a heterosexual couple. However, there are some variations in the divorce process that specifically apply to same-sex couples who took steps to legalize their union under New Jersey laws before same-sex marriage was legal. These variations are as follows:

  • For those who previously had a civil union or a domestic partnership, then got married when the law changed, and are now getting a divorce- these couples will need to take additional steps in the divorce process to end their  civil union or domestic partnership.
  • For those who have a civil union or domestic partnership, but have not legally married, these couples will not go through a traditional divorce but will rather require legal counsel to end their legal ties to each other through the process of dissolution.

When it comes to determining custody in a divorce, the same exact laws and considerations are applied to all couples regardless of their genders. However, there are some elements observed in same-sex divorces that can add to the complexity of these cases namely in situations where the children involved are either not the biological children of the parents or the parents have children from a previous relationship. This includes instances where the children may be adopted, are only the biological children of one parent, or have been conceived via a surrogate or donor. 

Custody & Visitation with Sylvia

As avid advocates and allies of the LGBTQ+ (Lesbian Gay Bisexual Transgender Queer/Questioning) community, Breitowich Law stands by our commitment to honoring love in all its forms, regardless of gender, sex, or otherwise. We are here as a well-versed and dedicated resource in all matters involving same-sex family law, including same-sex marriage, civil unions, and domestic partnerships.