Thank you for visiting the website of Nitti & Nitti. Please know that our attorneys and staff are working to ensure that we continue to serve our valued clients and respond to any immediate needs. Inquiries or deadlines requiring a timely response related to cases are being addressed without delay. Our team has access to email and phone messages and will respond those in as timely a fashion as possible. You can send us a case inquiry through our website. The safety and well-being of our clients and their families as well as our staff is our most important focus at this time. We thank you for your patience during this challenging time and wish you and those in the communities we serve good health.

Same-Sex Divorce
  1. Home
  2.  » 
  3. Divorce
  4.  » Same-Sex Divorce

Experienced Representation In LGBT Divorces

Whether a person is in a same-sex relationship or a heterosexual relationship, the prospect of divorce looms heavy over many couples considering a breakup. Those who belong to the LGBT community may also be worried about the nature of their marital relationship and the limits thereof. This is a common concern, in fact, as it was only in 2013 that the state of New Jersey legalized same-sex marriages. The “newness” of this marital construct for same-sex relationships (and its interaction with preexisting alternatives, such as civil unions) can cause some confusion.

If you are interested in moving forward with a same-sex divorce — whether the situation is amicable or high-conflict — then it is important that you consult with a qualified family law lawyer who can help you achieve a favorable resolution. In many cases, divorce proceedings can be an emotionally fraught challenge for both parties. This is for good reason — the outcome of a divorce proceeding could have a substantial impact on the financial health of each party and the quality of the relationship formed between parents and children (in divorce proceedings involving child custody and visitation issues).

Call 973-852-3041 to speak to an experienced Bloomfield same-sex divorce lawyer at Nitti & Nitti, P.C. for a free initial consultation. We represent clients throughout Essex County, New Jersey, including Newark, Irvington, Livingston and East Orange, New Jersey.

Marriage Laws Are Now Uniform In New Jersey And Across The U.S.

Although the LGBT community struggled for decades to achieve marriage equality, it was only in the 2000s that the movement finally gained enough overwhelming momentum to force the U.S. Supreme Court to reconsider its old position. Today, in New Jersey — and federally, across the United States — same-sex marriage is legal.

So, what does this mean for divorcing same-sex couples? Same-sex couples who are going through a divorce are subject to the same laws and regulations as heterosexual couples. In New Jersey, this means that couples attempting to secure a divorce must meet a residency requirement (e.g., one-year residency in the state), and they may either choose a no-fault divorce or a fault-based divorce. Once the divorce proceedings are underway, the same-sex couple must evaluate their financial situation, divide property equitably, handle spousal support and resolve child support issues.

Just to reiterate: there are no special entitlements or limitations imposed on same-sex couples in this regard.

Possible Sources Of Conflict In A Same-Sex Divorce In New Jersey

Despite the fact that same-sex divorce is the same as heterosexual divorce, at least in fundamental legal terms, there are a number of conflicts that are more likely to crop up in same-sex divorce scenarios. These include issues relating to child custody, visitation and support for nonbiological children, and issues relating to the impact of years spent in a civil union (or cohabiting as a couple) on spousal support and property division.

Generally speaking, the family lawyers at Nitti & Nitti, P.C. approach family law disputes — divorces included — with the intention of resolving the matter in an amicable fashion, to the degree that such a resolution is actually possible. Attorney Joseph Nitti, Esq. is a certified Early Settlement Panelist and Family Law Mediator in New Jersey, and he is therefore uniquely well-equipped to collaborate with each party and help move discussions forward in a healthy and efficient manner. Negotiations sometimes break down, however, and when that happens, we are more than capable of aggressively advocating on behalf of our clients in court.

Reach Out To Us Today

Here at Nitti & Nitti, P.C., our lawyers have decades of experience representing LGBT individuals in a range of family law disputes, including divorce and related matters (such as custody, alimony, property division and more). We understand the unique challenges associated with same-sex divorce, and we know how best to proceed with a dispute so as to ensure a favorable outcome for our clients.

If you are considering a same-sex divorce, you are planning to move forward with a divorce, or you have any other family law concerns that need to be addressed, we encourage you to contact an experienced New Jersey same-sex divorce lawyer at Nitti & Nitti, P.C. for further assistance. Call 973-852-3041 or email us today to arrange for a free and confidential consultation with one of our experienced Bloomfield family law lawyers. We return all calls and other inquiries promptly.