Going through a divorce is never easy. For LGBT couples, the process can raise unique questions about custody, property, and rights from past civil unions or partnerships. These cases can be emotional and legally complex. A Middletown Township LGBT divorce lawyer can guide you through the process and make sure your rights are protected.

The Law Office of Jennifer J. McCaskill, LLC has helped families in New Jersey for over 15 years. She focuses on finding solutions that protect her clients and their families during some of the hardest times of their lives. Contact us today at (732) 747-1882.

Why Choose The Law Office of Jennifer J. McCaskill, LLC for Help with an LGBT Divorce in Middletown Township?

Family law cases need both skill and care. Founding attorney Jennifer McCaskill has more than 20 years of experience in family law and has been named a Super Lawyer for seven years in a row. 

When you hire our Middletown Township, NJ, team, you can have confidence that we bring the following to every case:

• Experience: Over two decades practicing divorce and custody law in New Jersey.
• Recognition: Named a Super Lawyer for seven years running.
• Personal attention: Every case is handled with focus and clear communication.
• LGBT understanding: Knowledge of issues unique to same-sex couples, including custody and past civil unions.

Our firm is dedicated to protecting your rights, respecting your story, and guiding you through every step of the divorce process. Contact The Law Office of Jennifer J. McCaskill, LLC today to speak with an experienced Middletown Township LGBT divorce lawyer about your case.

Divorce Laws for LGBT Couples in New Jersey

Divorce in New Jersey is based on N.J.S.A. 2A:34. Most couples file on the no-fault ground of “irreconcilable differences.” Fault-based grounds, such as extreme cruelty or abandonment, also exist.

Same-sex couples follow the same divorce process as any other couple. Still, extra questions can arise, especially for couples with civil unions or domestic partnerships before marriage was legal. Assets gained during those earlier years may still affect today’s property division.

Custody and Parental Rights

Custody is often the most challenging part of divorce. For LGBT parents, custody can be more complicated if one spouse is not the biological or adoptive parent. New Jersey courts make custody decisions based on the “best interests of the child” under N.J.S.A. 9:2-4.

Courts look at:

• Each parent’s role in raising the child
• The stability of each home
• How well parents can communicate and work together
• Any history of abuse or neglect
• The child’s wishes, if old enough to have input

A Middletown Township LGBT divorce lawyer can present your role as a parent and push for fair custody or parenting time. We help protect rights through second-parent adoption or formal custody agreements when needed.

Child and Spousal Support

Child support follows state guidelines and applies equally in same-sex and opposite-sex divorces. It covers housing, food, clothing, health care, and other child needs.

Spousal support, also called alimony, may be ordered in some divorces. 

To determine spousal support, courts look at:

• The length of the marriage
• Each spouse’s income and earning ability
• Career sacrifices or contributions to the home
• The standard of living during the marriage

The Law Office of Jennifer J. McCaskill, LLC helps clients fight for fair support, whether they are the paying or receiving spouse.

Property Division in LGBT Divorces

New Jersey uses “equitable distribution.” This means the court divides marital property fairly, not always equally. Marital property includes homes, cars, bank accounts, and debts gathered during the marriage.

For LGBT couples, disputes can come up when:

• Property was acquired before same-sex marriage was legal
• One spouse entered the marriage with more assets
• Civil unions or domestic partnerships overlap with today’s marriage

Our Middletown Township LGBT divorce attorneys work with financial experts when needed to value property and create fair settlements.

Mediation and Collaborative Divorce

Many divorces settle without trial. Mediation and collaborative divorce are common in New Jersey. These processes help couples work together with the support of lawyers and mediators to reach agreements on custody, support, and property.

For LGBT couples, these options can reduce stress, save time, and create solutions that reflect their family’s needs. The Law Office of Jennifer J. McCaskill, LLC often guides clients through these processes.

How the Divorce Process Works in New Jersey

The steps in a New Jersey divorce include:

• Filing a complaint with the court
• Serving the other spouse with papers
• Exchanging financial records (called discovery)
• Attending case management conferences
• Trying mediation or negotiation
• Going to trial if no settlement is reached

Having a lawyer ensures you meet all deadlines and don’t miss important details that can affect your future.

Long-Term Effects of Divorce Decisions

The outcome of your divorce affects your finances, your parenting rights, and your daily life. Custody arrangements decide where children live and how time is shared. Property division impacts your financial security. Support orders can last for years.

That is why it is important to work with an attorney who understands both New Jersey law and the unique challenges LGBT couples face.

How a Middletown Township LGBT Divorce Lawyer Can Help

The Law Office of Jennifer J. McCaskill, LLC helps clients at every step of divorce. 

Our Middletown Township legal team can:

• Explain your rights and options clearly
• File and respond to divorce paperwork
• Negotiate child custody and parenting schedules
• Fight for fair child and spousal support
• Work with experts to value property and debts
• Represent you in mediation, settlement talks, or court hearings
• Seek changes or enforcement of orders after divorce if needed

With decades of experience, our divorce lawyers have the skill and insight needed to protect LGBT families.

Contact Our Middletown Township LGBT Divorce Lawyers Today for a Free Case Evaluation

If you are facing divorce in Monmouth County, you do not have to face it alone. Contact The Law Office of Jennifer J. McCaskill, LLC today to speak with a Middletown Township LGBT divorce attorney. With decades of family law experience and a history of recognition in New Jersey, we are ready to protect your rights and guide you through the process.