Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Monmouth County Same Sex Divorce Lawyer

Now that same-sex marriage is the law in all 50 states, it was inevitable that some of these unions would end in divorce. Same-sex couples have the same rights in these matters as heterosexual couples.

If you are dealing with the ramifications of divorce, it is important that you discuss your situation with an experienced attorney as soon as you can, so that they can start putting together a successful strategy to protect your interests.

This is especially true if you are facing a contested divorce case that involves substantial assets, complicated financial questions, or a complex custody dispute.

Before the Supreme Court’s 2015 decision recognizing gay marriages in all states, many same-sex couples who did not have access to marriage opted for civil unions or domestic partnerships instead.

While legally similar to marriage, not all states recognize these types of arrangements and as a result may not be able to dissolve them.  

Divorce law is a very specific and complex sub-specialty within the world of family law. It is crucial to get advice from an experienced, aggressive Monmouth County same-sex divorce lawyer who knows how to get the best outcome for their clients.

Financial Issues

The financial aspects of divorce alone can be overwhelming. They include:

  • Financial disclosure requirements between spouses
  • Restraining orders prohibiting spouses from changing beneficiary designations or transferring assets before and during the divorce
  • Alimony (how to calculate income available for alimony and the special factors courts consider when determining setting payments)
  • Child support
  • The division of property and assets, including real property, collectibles, stock portfolios, good will, or other business interests
  • The division of retirement benefits

All of these particular issues can be best handled by an experienced Monmouth County same-sex divorce attorney.

Child Custody and Visitation Rights

Child custody and/or visitation rights can be the most emotionally difficult issue to deal with in divorce cases. With a greatly increasing number of same-sex couples having children, either naturally or through adoption, this issue is quite likely to arise in a same-sex divorce proceeding.

Courts are directed to consider what is best for the child in these kinds of family law matters. A knowledgeable same-sex divorce attorney in Monmouth County knows how to gather the crucial evidence to support a custody claim.

Prenuptial and Postnuptial Agreements

Unless the married couple creates a legally binding agreement that states otherwise, the law in the state where the parties live will control their property rights in the event of a divorce.

However, more and more couples are using prenuptial and postnuptial agreements to govern the disposition of assets after divorce.

Even if such an agreement was signed, it may be unenforceable if:

  • One party was not given sufficient time to read the agreement and grasp all of its implications
  • It was based on false information about one party’s income, assets or liabilities
  • Crucial information was omitted

Additionally, a prenuptial agreement cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce. Such proceedings can be best explained using a same sex divorce attorney in Monmouth County.

Contact an Attorney

The rules of family law are frequently updated by the legislature or changed by the courts, so you need to find a Monmouth County same-sex divorce lawyer that is familiar with the new rules and cases that apply to your divorce.

Experienced same-sex divorce attorneys in Monmouth County will listen to your story with respect and sympathy. The important thing is that you receive top-quality representation that will defend your interests to the utmost.

However, time is of the essence. If you are dealing with the ramifications of divorce, contact an attorney right away.