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LGBTQA+ Divorce

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Monmouth County LGBTQA+ Divorce Lawyer Near Me

Monmouth County LGBTQA+ Divorce Lawyer

Divorces in New Jersey can involve many complex issues. The unique issues same-sex spouses encounter during the process can create a complicated divorce action for what would have been a simple divorce. The best way to protect yourself and your family is to work with an experienced Monmouth County LGBTQA+ divorce lawyer.

Our divorce attorneys at The Law Office of Jennifer J. McCaskill, LLC, have more than 20 years of experience in family law. We understand the issues faced by LGBTQA+ spouses going through a divorce. Our top-rated legal team will handle all aspects of your divorce action in Monmouth County, New Jersey and protect your best interests.

Contact our law firm by calling (732) 747-1882 today to schedule a free case evaluation with a Monmouth County divorce lawyer. 

How Our Monmouth County Divorce Lawyers Can Help With Your LGBTQA+ Divorce 

How Our Monmouth County Divorce Lawyers Can Help With Your LGBTQA+ Divorce 

At the Law Office of Jennifer J. McCaskill, LLC, we provide personalized legal services for our clients. We treat our clients like family, so you can trust that our Monmouth County divorce attorneys have your best interests as their top priority. Whether you and your spouse are willing to work out an agreement through the collaborative divorce process or you need an aggressive trial lawyer to fight for you in court, the Law Office of Jennifer J. McCaskill, LLC is the right law firm for you.

Our founding lawyer Jennifer McCaskill has top ratings on Avvo and Super Lawyers. We are dedicated to making a difference in the lives of our clients. We’ll provide sound legal advice and support as you go through this challenging period. 

We understand the issues you might encounter during an LGBTQA+ divorce in Monmouth County, NJ. Our New Jersey divorce lawyers are prepared and ready to address all matters that arise during your divorce. 

When you hire the Law Office of Jennifer J. McCaskill, LLC, you can trust that we will:

  • Listen to you to learn what you need and want from us and the resolution of your divorce
  • Explain your legal rights and why we believe a specific course of action gives you the best chance of receiving the outcome you want
  • Guide you through every aspect of your divorce case
  • Work with expert witnesses, financial professionals, and private investigators when necessary
  • Fight to protect the best interests of your children
  • Diligently work to obtain the best possible divorce settlement for you
  • Vigorously represent you during settlement negotiations and in court

We won’t stop fighting until we exhaust all available legal options. Contact our law office to schedule a free case evaluation with an experienced LGBTQA+ divorce lawyer in Monmouth County, New Jersey. 

Dissolution or Divorce for New Jersey LGBTQA+ Couples

The New Jersey laws regarding LGBTQA+ divorce have changed over time. Our lawyers monitor new laws and case decisions to ensure we have the most current information regarding LGBTQA+ divorce in New Jersey.

Because of our experience, we can quickly assess your situation to determine whether you need a dissolution or a divorce. 

The New Jersey Domestic Partnership Act applies in some same-sex divorces. Other LGBTQA+ marriages might fall under the decision by the United States Supreme Court in 2015 in the case of Obergefell v. Hodges. Our Monmouth County LGBTQA+ divorce attorneys are well-versed in all areas of law that apply to same-sex divorces.

At the Law Office of Jennifer J. McCaskill, LLC, we handle all types of LGBTQA+ family law cases, including:

  • Divorce of same-sex couples 
  • Dissolution of LGBTQA+ civil unions and domestic partnerships
  • Collaborative divorces for LGBTQA+ couples
  • Property division and spousal support matters in same-sex divorce cases
  • Allegations of LGBTQA+ domestic violence
  • Child custody cases involving LGBTQA+ parents
  • Matters relating to LGBTQA+ marital agreements, including prenuptial and postnuptial agreements

You need lawyers with knowledge and experience of LGBTQA+ issues to handle the matters that might arise in an LGBTQA+ divorce. At the Law Office of Jennifer J. McCaskill, LLC, our skilled LGBTQA+ divorce attorneys will work to help you obtain an amicable outcome. However, we are also ready to fight to achieve the best possible result for you.

Grounds for an LGBTQA+ Dissolution or Divorce in New Jersey 

The grounds for divorce or dissolving your domestic partnership are the same as the grounds for a different-sex couple. How long it takes you to get divorced depends on the grounds for your divorce and whether the divorce is contested or uncontested.

New Jersey allows couples to divorce on the grounds of irreconcilable differences. This no-fault divorce ground does not require you to prove your spouse committed wrongdoing. Instead, it only requires one spouse to claim the marriage is irretrievably broken and the parties to live separately and apart for a waiting period.

You can also seek an LGBTQA+ divorce on fault grounds. There is no waiting period when you petition the court for a divorce based on the following:

  • Domestic violence
  • Extreme cruelty
  • Adultery
  • Desertion
  • Some situations involving imprisonment or institutionalization of a spouse

Our Monmouth County divorce lawyers will discuss the divorce grounds with you, including the pros and cons of a no-fault divorce vs. a fault divorce action. 

Do I Need a Monmouth County LGBTQA+ Divorce Lawyer?

Even though you and your partner agree on the divorce terms now, your partner could change their mind. Even uncontested LGBTQA+ divorces can pose challenges that might not be present in heterosexual divorce cases. You do not want to realize in the middle of your divorce case that you should have hired a Monmouth County LGBTQA+ divorce attorney.

Therefore, take advantage of a free consultation at the Law Office of Jennifer J. McCaskill, LLC to get advice and information about LGBTQA+ divorces in New Jersey. The attorney for your spouse protects your spouse’s best interest. Therefore, the attorney will use any information they locate to get your spouse what they want.

It would help if you had someone watching out for your best interests. Our legal team will do everything within our power to protect and help you. Call us to learn more about the benefits of hiring an experienced Monmouth County LGBTQA+ divorce lawyer.

Protecting You From Domestic Violence and Abuse 

Same-sex spouses can experience domestic violence and abuse. New Jersey laws protect same-sex spouses from abuse and violence. 

We can petition the court for protective orders and other relief to protect you and your children from an abusive partner. The protective order can prohibit your spouse from contacting you or being within a specific distance from you. We can also petition for supervised visitation if you believe your spouse is abusing or could abuse your children.

Unfortunately, some spouses use allegations of domestic violence to obtain an advantage during a divorce. Our legal team will defend you against false allegations of domestic violence. We’ll work to protect you from the consequences of false accusations of domestic violence during an LGBTQA+ divorce.

Property Division in a Monmouth County LGBTQA+ Divorce 

New Jersey is an equitable distribution state for marital property. Spouses divide marital assets fairly, which is not always equal. Separate property remains the sole asset of the spouse who acquires the property.

In addition to dividing assets, you must also divide debts. Each spouse is jointly liable for debts in both names. However, that does not mean the debts are divided equally.

Our Monmouth County LGBTQA+ divorce lawyers will carefully analyze your situation. We’ll develop a property settlement agreement that is fair but also protects your need for a sound financial base after the divorce. 

Spousal Support for LGBTQA+ Couples in Monmouth County 

The laws governing spousal support or alimony in New Jersey apply to heterosexual and LGBTQA+ couples. Therefore, you might pay or receive spousal support when you divorce your spouse or dissolve your civil union.

The types of alimony or partner support a spouse might receive include:

  • Temporary alimony during the divorce proceeding
  • Limited duration alimony to allow a spouse to become self-supporting
  • Rehabilitative alimony for a specific time based on a plan to obtain employment by the spouse receiving alimony payments
  • Reimbursement alimony to pay back a spouse for their contributions to the other spouse’s education and career advancement

If a marriage lasts more than 20 years, the court could order alimony payments for a term not exceeding the length of the marriage. 

Child Custody, Visitation, and Child Support in a Monmouth County LGBTQA+ Divorce

If both parents adopt a child, they share the same legal and physical custody rights as other parents. Either parent can petition for sole custody by challenging the other parent’s fitness.

However, child custody in LGBTQA+ divorce cases is more complicated when both parents did not adopt the child or the non-biological parent did not complete a step-parent adoption. Technically, the non-biological parent has no custody rights, even if they raised the child from birth. However, a judge can grant a same-sex partner who did not complete an adoption full custody and/or timesharing rights if the judge finds it is in the best interest of the child. 

Child support is based on the New Jersey child support guidelines. If both parents have legal rights to the child, then both parents are responsible for the child support obligations. The guidelines determine the amount each parent must pay.

Our Monmouth County LGBTQA+ divorce attorneys understand the complex laws regarding parenting plans, timesharing, custody, and child support for same-sex parents. Whenever possible, we’ll work with you to facilitate the negotiation of a parenting plan that is in the best interest of your child. However, our seasoned trial lawyers are also prepared to litigate custody when necessary. 

Schedule a Free Consultation With Our Monmouth County LGBTQA+ Divorce Lawyers

You do not have to go through a divorce case alone. Our compassionate and understanding legal team at the Law Office of Jennifer J. McCaskill, LLC is here for you. We’ll fiercely fight to obtain the outcome you desire.

Call us today for a free consultation with a Monmouth County LGBTQA+ divorce attorney.

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The Law Office of Jennifer J. McCaskill, LLC
157 Broad St Ste. 111 Red Bank, NJ 07701
(732) 747-1882

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