New Jersey Rights and Protections for LGBTQIA+ Couples and Their Families
Thanks to The Respect for Marriage Act (RFMA), signed into law in 2022, we can celebrate a major win for LGBTQIA+ equality across the United States. RFMA is a significant federal law that repeals the Defense of Marriage Act and mandates recognition of same-sex and interracial civil marriages across the United States. Signed into law by President Joe Biden, RFMA ensures that the federal government, as well as all U.S. states and territories, must acknowledge the validity of such marriages. RFMA’s passage builds upon the Supreme Court’s ruling in Obergefell v. Hodges, which affirmed the constitutional right to same-sex marriage. By codifying parts of Obergefell, the 2013 United States v. Windsor decision, and the 1967 Loving v. Virginia ruling, RFMA solidifies the legal recognition of same-sex and interracial marriages nationwide. This legislation is particularly relevant to same-sex divorce and family law, as it ensures equal treatment and protections for LGBTQIA+ couples navigating the complexities of marital dissolution and family legal matters.
Despite this crucial step forward for equality, LGBTQIA+ clients may still encounter unique family law needs and challenges. These complexities arise from a variety of factors, including non-traditional family structures, the intricacies of reproductive technology, and the evolving landscape of LGBTQIA+ rights. At The Micklin Law Group, LLC, we remain steadfast in our commitment to thorough research and comprehensive understanding of evolving legal landscapes. With our extensive legal experience, we advocate for the best terms for your family, ensuring that your rights and interests are protected. Our dedicated team is here to guide you through the complexities of the law, providing personalized support and expert guidance every step of the way.
We’re here for you.
LGBTQIA+ Family Law Attorney New Jersey
Couples and individuals seek a family law attorney for many reasons, from the joys of adoption to the difficulties around divorce. We understand how complex family matters can get, especially within the LGBTQIA+ community. With all the recent legal changes that impact same-sex couples, now is the time to protect your family, and yourself, with the support of the trusted and experienced team at The Micklin Law Group, LLC.
LGBTQIA+ Adoption Attorney New Jersey
Whether looking to add a new family member, or wanting to ensure parental rights for a non-biological parent, adoption is a huge, and still necessary part of family life for same-sex parents. Since the Obergefell ruling, any state laws banning or restricting adoption by same-sex couples have been essentially overruled. And, while marriage equality is a huge step towards recognizing all families, it does not automatically create parental rights. A relatively simple Second Parent Adoption process is the most common and permanent way to protect your family. We strongly recommend same-sex parents meet with us to discuss their situation in order to ensure legal protections are in place for both/all parents.
LGBTQIA+ Divorce Attorney New Jersey
We have decades of experience in divorce cases, and all the related details including custody, property division, child support, alimony, and any post-decree modifications. We’re also more than comfortable taking on those cases where the marriage was not recognized legally in other states, or other scenarios unique to same-sex couple divorce, including dissolution of a civil union.
We’re Here For You
Sound overwhelming? Let us help. We’d love to discuss the details of your unique situation in a consultation. We’re confident we will win your trust.
What legal rights do LGBTQIA+ couples have in terms of divorce and family law?
LGBTQIA+ couples have the same legal rights as heterosexual couples when it comes to divorce and family law matters. This includes rights regarding property division, spousal support, child custody, and visitation.
How does the process of divorce differ for LGBTQIA+ couples compared to heterosexual couples?
In terms of the legal process, divorce for LGBTQIA+ couples is generally similar to that of heterosexual couples. However, there may be additional considerations related to issues such as parental rights, especially in cases involving non-biological parents or children conceived through assisted reproductive technologies.
What legal protections are in place for LGBTQIA+ parents in the event of divorce?
LGBTQIA+ parents have the same legal protections as heterosexual parents in terms of child custody, visitation, and support. Courts prioritize the best interests of the child when making decisions regarding parental rights and responsibilities.
How are assets and property divided in LGBTQIA+ divorces?
Assets and property are divided in LGBTQIA+ divorces using the same principles as in heterosexual divorces. Courts aim for an equitable distribution of marital assets, considering factors such as the marriage length, each spouse’s financial contributions, and the needs of any children involved.
Are there specific legal challenges that LGBTQIA+ individuals may face in divorce proceedings?
LGBTQIA+ individuals may face unique legal challenges related to issues such as discrimination, bias, and non-traditional family structures. Seeking guidance from a knowledgeable LGBTQIA+-friendly attorney can help navigate these challenges effectively.
How are child custody and visitation arrangements determined for LGBTQIA+ couples?
Child custody and visitation arrangements for LGBTQIA+ couples are determined based on the best interests of the child, considering factors such as the child’s relationship with each parent, parental fitness, and stability of the home environment.
Can LGBTQIA+ individuals seek spousal support (alimony) in divorce?
Yes, LGBTQIA+ individuals have the right to seek spousal support (alimony) in divorce proceedings if they meet the criteria established by state law. Factors such as the length of the marriage, each spouse’s earning potential, and financial contributions are considered when determining spousal support.
What resources are available to LGBTQIA+ individuals navigating divorce and family law matters?
There are various resources available to LGBTQIA+ individuals, including LGBTQIA+-friendly legal organizations, support groups, and advocacy networks. These resources can provide valuable guidance, support, and information tailored to the specific needs of LGBTQIA+ individuals and families.
How can The Micklin Law Group help with same-sex divorce and family law matters?
Our experienced team understands the unique challenges and complexities that LGBTQIA+ couples may face during the divorce process. We can assist you with various aspects of same-sex divorce, including property division, spousal support, child custody, visitation rights, and adoption. Additionally, we provide personalized guidance and support tailored to your specific needs and circumstances. We understand that every divorce is unique, and we will take the time to listen to your concerns, answer your questions, and develop a customized legal strategy that aligns with your goals and priorities.
Blog Posts For LGBTQIA+ Clients
How Retirement Accounts Are Handled During Divorce
Divorce can be an emotionally and financially taxing experience, and one of the most complex aspects of divorce proceedings often revolves around the division of assets. Among these assets, retirement accounts are frequently a significant concern. Whether it’s a 401(k), an IRA, a pension, or any other type of retirement savings plan, these accounts can […]
Mediation During Divorce: Is It the Right Choice for Your Case?
Divorce is often seen as a contentious and emotionally charged process that leads to long, drawn-out court battles. While this can be true for some couples, it’s important to remember that not every divorce has to end in litigation. One alternative to the traditional courtroom divorce is mediation, a process that allows both parties to […]
Divorce and Mental Health: Coping Strategies for Men
Divorce is one of the most emotionally challenging experiences a person can go through, and it can take a significant toll on mental health. For men, the impact of divorce on mental well-being is often compounded by societal expectations and the pressure to maintain a stoic demeanor. The stigma surrounding male vulnerability can make it […]
Spousal Support for Men: Navigating Alimony in Modern Divorce
Divorce is a life-altering event that can bring about significant emotional and financial challenges. One of the most contentious aspects of any divorce is the issue of spousal support, also known as alimony. Traditionally, alimony was often associated with men paying support to their ex-wives, reflecting the societal norms where men were the primary breadwinners. […]
