Members of the LGBTQ+ community fought for years for the right to marriage. When they decide to get divorced, they may encounter legal issues they did not anticipate. The best way to protect your rights is to hire a knowledgeable Red Bank LGBT divorce lawyer who understands the nuances of these cases and can fight to protect your rights.
For 15 years, The Law Office of Jennifer J. McCaskill, LLC has protected the rights of residents of Red Bank, New Jersey, and surrounding areas with issues involving divorce, domestic violence, child custody, and other family law matters. Our team has over 20 years of combined experience and focuses exclusively on family law cases, so we understand the unique issues involved in LGBT divorces. We have also been named as Super Lawyers for the past seven years.
Let our award-winning law firm help guide you through the divorce process. Contact our family law firm at (732) 747-1882 for a free case review.
How Our Red Bank LGBT Divorce Lawyers Can Help with Your Case
Getting a divorce can be an emotionally heightened experience. At the same time, the stakes are high as your relationship with your children is in jeopardy, your financial future is uncertain, and your rights may be unclear. The Law Office of Jennifer J. McCaskill, LLC provides compassionate legal advice, guidance, and representation. We can assist you through every phase of the divorce process.
When you hire a Red Bank family law attorney from our law firm, you can trust us to:
- Listen to your individual needs and concerns
- Discuss your legal rights and options for each legal issue involved in the case
- Handle communications and negotiations with your spouse’s attorney
- Bring in private investigators, financial professionals, and other experts as needed
- Complete comprehensive discovery requests to ensure you have the information you need to make informed decisions
- Fight for the resolutions that best meet your needs
- Represent you in contested proceedings when necessary
Whether your case is resolved through a divorce settlement that meets your needs or by court order, we will fight tirelessly for the outcome you desire. Contact us today for a free case evaluation with a caring divorce lawyer.
What Are the Grounds for Divorce in New Jersey?
Before you can get a divorce in New Jersey, you must be able to show you have legal grounds to ask the court to dissolve the marriage. Many people file for divorce on the grounds that they have irreconcilable differences of at least six months with no reasonable expectation of reconciliation.
Other grounds for divorce in New Jersey include:
- Separation for at least 18 months
- Adultery
- Willful and continued desertion for at least one year
- Extreme physical or mental cruelty that endangers your health or safety or makes it improper or unreasonable to expect you to cohabit with your spouse
- Drug addiction
- Institutionalization for mental illness for at least two years
- Imprisonment of your spouse for at least 18 months
- Deviant sexual conduct
An experienced divorce lawyer can review your circumstances and determine your grounds for divorce.
What Is the Residency Requirement to Get a Divorce in New Jersey?
In addition to having legal grounds for divorce, you must also be able to establish you meet the residency requirement to file a divorce action in New Jersey. This requires that you or your spouse have resided in New Jersey for at least twelve consecutive months before filing for divorce. There are exceptions for adultery and if New Jersey is the primary marital state.
Steps Involved in the Legal Process of Divorce
The divorce process may involve several steps, including:
Completing Divorce Documents
A spouse seeking a divorce begins the process by completing several divorce forms, including:
- Divorce Complaint
- Certification of Verification and Non-Collusion
- Summons
- Case Information Sheet
- Confidential Litigant Information Sheet
- Certification of Insurance Coverage
Your lawyer can prepare these documents for you, which set out the basis for your complaint and identifying information about you, your spouse, and your children.
Filing Divorce Documents
Next, you must file the divorce documents in the Superior Court in the county where you or your spouse resides. You must also pay the filing fee.
Serving Your Spouse
You are responsible for ensuring your spouse receives the divorce complaint and related documents. This is usually completed by having a process server hand the documents to your spouse in person.
Completing Discovery
As part of the divorce process, you and your spouse can request information from the other about the case. An experienced attorney can identify the type of information you should request and which discovery tools can best extract it.
Negotiating Your Case
Many divorce cases are ultimately resolved outside of court so that issues do not have to be litigated or left up to the court to decide. You may be able to reach an amicable agreement with your spouse on your own or through negotiations between your attorneys. You can also seek resolution through an early settlement panel or mediation.
Advantages of negotiating your own settlement agreement include:
- It’s faster.
- It’s more affordable.
- You get to make the decisions you believe are best for your family.
- You and your spouse are more likely to comply with the terms you agreed to and came up with rather than those imposed by the court.
- You can create a framework to resolve future conflicts.
An experienced family law attorney can advise you of the feasibility of settling your case through these or other means.
Going to Trial
If you have not settled your case, it proceeds to trial, where your divorce lawyer presents evidence, examines witnesses, and cross-examines your spouse and their witnesses. At the conclusion of the trial, the judge makes decisions regarding property division, child custody, and other matters.
Dissolution of Civil Unions
Many LGBTQ+ couples formalized their relationships through civil unions or domestic partnerships before gay marriage was legalized. Even after gay marriage was legalized, some couples still chose to use this route rather than pursuing a traditional marriage. If this applies to your case, it’s crucial that you work with a divorce lawyer who is familiar with the New Jersey Domestic Partnership Act. At the Law Office of Jennifer J. McCaskill, LLC, our skilled divorce lawyers are knowledgeable about issues involving the LGTBQA+ community.
How Is Property Divided During Divorce in New Jersey?
Because New Jersey is an equitable distribution state instead of a community property state, the court determines how to divide your property based on what it deems fair under the circumstances. This can lead to an unequal distribution of your property and debt. Our experienced attorneys can carefully analyze your situation, determine which property is separate and which is marital, and recommend a settlement agreement that serves your interests.
New Jersey Spousal Support
New Jersey allows courts to award various types of spousal support when economic disparity exists between the spouses, including:
- Temporary alimony to provide financial assistance during the divorce process
- Limited duration alimony to allow a financially dependent spouse to become self-supporting
- Rehabilitation alimony, which sets spousal support for a specific time for a spouse to obtain employment
- Reimbursement alimony, which repays a spouse for helping to pay or contribute to the other spouse’s education or career advancement
Our divorce lawyers can review your case to determine the type of alimony that may apply to it and develop legal arguments to support or challenge it.
Child Custody and Visitation in LGBTQA+ Divorces
Child custody issues tend to be more complex in LGBTQA+ relationships when parents do not adopt a child, which gives each parent equal rights. For example, one parent may have had biological children before the marriage. They may have acted in a parental role for years, but their relationship with their children can be threatened due to a divorce. Or, the couple may have used a surrogate, sperm donor, or other form of reproductive assistance, which can create legal ambiguity or complications.
An experienced lawyer can meet with you to discuss your particular situation and desired outcome. We can work to show a continued relationship is in the best interest of your child. We can also help establish child support orders based on New Jersey’s child support guidelines.
Our lawyers have a robust understanding of child custody, support, parenting plans, and timesharing. We can argue the factors that favor your preferred resolution and negotiate a parenting plan that will be best for your family.
Contact Our Red Bank LGBT Divorce Lawyers for a Free Consultation
If you are considering divorce or were recently served with divorce papers, it is crucial that you work with a lawyer who is familiar with the unique legal issues involved in your divorce. A Red Bank LGBT divorce lawyer from the Law Office of Jennifer J. McCaskill, LLC, can discuss your situation during a free and confidential case review. We treat every client with the respect and dignity they deserve. Contact us today to schedule your free consultation.
