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How may ending a marriage differ when same-sex couples divorce?

New Jersey codified equality for marriages in 2022. The Garden State protects the marital rights of couples regardless of their genders. Family courts may not use different legal procedures when same-sex couples file for divorce.

You may discuss dividing your assets fairly and equitably with your soon-to-be ex-spouse. Child custody and spousal support agreements may not differ from the court orders generally given to heterosexual couples.

General problems for couples divorcing in New Jersey

As reported by, the combination of a shortage of judges and an increase in court cases has created a serious backlog in divorce hearings. The backlog carries the potential to increase the amount of stress during an emotionally charged and life-changing event. Without a child custody or visitation arrangement, spouses may experience confusion regarding how much time their children may spend with each parent.

If you have children and wish to get started on working out an agreement regarding caretaking or parental duties, you may wish to consider mediation. A mediator facilitates discussions to create an arrangement for child custody outside of the courtroom.

How mediation could help with dividing property

CNBC reports that some same-sex divorces may involve ending two different relationships. Same-sex couples in long-term relationships, for instance, may have acquired assets together before they became legally married. The Garden State’s divorce law requires a fair split of all property acquired during the marriage but does not include assets obtained before a couple’s wedding date.

You or your soon-to-be ex-spouse may have concerns about assets acquired before or after your official wedding date. Mediation could help sort out the issues involved in dissolving your marriage and reduce the amount of time required to work out an arrangement agreeable to both parties.


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