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What are your rights during divorce?

On Behalf of | May 2, 2022 | Same-Sex Family Law

Divorce can feel scary when you never anticipated your marriage ending in the first place. Being in a same-sex relationship may only complicate matters because of the newness of such unions in the state of New Jersey.

Knowing your rights can help you protect yourself during an unprecedented time. Feeling secure can help you focus on reaching your goals and rebuilding your future.

Right to assets

Being in a relationship with another person usually involves sharing. For example, you may have purchased real estate property together. You may have invested in shared investments. You may co-own a home or vehicle. You may have mutually chosen and purchased a piece of luxury artwork. Given that you shared these items and both of you invested resources into purchasing and maintaining them, both parties should yield some profit.

During your divorce, you will work closely with your legal team to negotiate a satisfactory settlement. Factors that could impact what your settlement looks like include the length of your relationship, your responsibilities within the relationship and whether or not you have a job or children.

Right to representation

Another right you have during divorce is the right to fair representation. According to the New Jersey Courts, either you or your partner can file for divorce so long as one of you permanently resides in the state. Despite the fact that you have a same-sex relationship, you deserve representation that allows you to move through your divorce without discrimination.

Carefully planning your divorce and relying on a trustworthy legal team may expedite the process. Advocating for your rights might help others better understand your position and enable you to acquire a settlement that you feel good about.


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