Same-sex marriage became law in New Jersey in 2013. New Jersey became the 14th state to allow same-sex marriage. Chief Justice Rabner concluded that “same-sex couples who cannot marry are not treated equally under the law today.” This law grants same-sex couples the same rights as heterosexual couples who choose to marry. The new law gives, among other things, couples the right to make health care decisions and receive tax exemptions. It is important to remember, however, that this act carries with it the same responsibilities of a heterosexual married couple, leading to unintended consequences for individuals unaware of the full extent of their support and property obligations. Although New Jersey is not a community property state, it is still important to protect any of your individual assets. By creating a pre-nuptial agreement, property, businesses, and other assets can be protected. As part of my practice for my clients, I can develop, prepare and implement comprehensive, legally sound agreements prior to official marriage. A pre or postnuptial agreement for same-sex married couples could answer questions of child custody, financial obligations and tax issues in advance of the marriage, thus avoiding costly litigation upon the potential dissolution of the relationship.
In the event you have made the decision to divorce your spouse, you need an experienced attorney to protect your rights. During a meeting with me, you can discuss how same-sex marriage works and receive my recommendations for establishing legal documents detailing the protection of your assets and property, as well as parenting of children and support issues.