FULLY OPERATIONAL DURING COVID-19 CRISIS: We are OPEN. Telephone and Video Conferences Available. Learn More ›

Same Sex Couples in New Jersey Can Get No-Fault Divorces

The year 2014 was a good year for same-sex relationships. The U.S. Supreme Court decided to consider the constitutionality of same-sex marriage and here in New Jersey a judge ruled that same-sex couples are entitled to get a divorce for the same reasons as everyone else. More plainly put, they are entitled to no-fault divorce. This ruling is another step in the right direction for equal rights under the law.

Prior to 2014, New Jersey did not allow same-sex marriage. Gay and lesbian couples were able to enter into civil unions, however, legal marriage was not an option until very recently. This latest court decision may not sound like a big deal, but it protects same-sex couples from a drawn out, expensive legal process should they decide to divorce.

Ocean County NJ Judge Lawrence Jones found that irreconcilable differences is a valid reason for ending a same-sex marriage. His decision was based on Lewis v. Harris, which found that the NJ Constitution mandated that same-sex couples should have the same rights as heterosexual couples. Jones stated that, “Based upon the near-identical nature of the respective causes of action for divorce and dissolution of civil union[s], it is self-evident that as of Dec. 20, 2006, the legislature’s intent was to create symmetry between the recognized causes of action for divorce and dissolution of a civil union, in a manner consistent with the terms and constitutional spirit of Lewis v. Harris.” Jones also found that while irreconcilable differences had been omitted from the civil union statutes, this was not surprising as it was not even an available option for heterosexual couples when the law was first enacted.

He wrote, “Against this backdrop, it is logical to conclude that had married couples in New Jersey been legally allowed at that time to dissolve their marriages based upon the no-fault grounds of irreconcilable differences, a similar right and cause of action would have been included … expressly providing an equal right for same-sex couples to seek no-fault dissolution on such grounds.”

Divorce is just as emotional and overwhelming for same-sex couples as it is for heterosexual couples. It can be complicated and expensive, but it doesn’t have to be. Choose a family lawyer with a track-record of helping clients achieve positive outcomes in same-sex divorce cases.

While same-sex divorce is very similar to heterosexual divorce, there are some unique aspects which require the help of an attorney with experience in this specific area. Contact Graziano & Flynn for compassionate, skilled legal assistance with your divorce.

Client Reviews
Attorney Graziano is one of the brightest and most compassionate professionals which anyone could work with! He is a great advocate and is extremely knowledgable of the judicial system. He made a very unpleasant legal situation a pleasant journey, and he helped keep things in perspective and in a positive light. I fully recommend him without reservation! Danielle
Robyn made the divorce process bearable by making sure I was ok every step of the way. She was a fighter when she needed to be and compassionate the rest of the time. The thing I liked best about her is that she was encouraging when I needed to get my end of the work done. She was reasonably priced and worked hard to get my case settled. I have since recommended her to 3 other friends who have retained her services. Ana Z.
It seemed like my case took forever but I trusted Ron Graziano and listened to what he had to say. Mr Graziano said that the insurance company was not being fair and that we should go to trial. The trial was very nerve racking however he eased my mind and killed them with proof and knowledge. My outcome of my trial brought me to tears of joy. I could never imagine such a good outcome. Listen to him, have faith and you too will be impressed. Robin
After a divorce, my ex-husband was not keeping up with his scheduled child support payments. With the help and knowledge of Robyn Flynn, I was able to resolve this issue. Being a single mother of three children, Robyn Flynn made me a priority. I felt respected by her always keeping me informed and encouraged. She was not only my lawyer, but a friend during a very stressful time in my life. I would never use another attorney other than Robyn Flynn and highly recommend her to my friends as a trustworthy, professional and experienced lawyer. Anna H.
Ron is an extremely trustworthy lawyer. Listen to what he says and have faith in him, you will be as impressed as I am! I couldn't have dreamed of a better outcome in my case. I wouldn't have wanted anyone else to represent me, I highly recommend him to anyone looking for an amazing lawyer!!
His staff is amazing as well!!
Robyn is an excellent litigator and educated/guided me throughout my divorce. She is incredibly gifted in managing your case and fighting for you with opposing consul. Through the dark days she kept me going and helped me get the results me and my children deserved. Chris K.

(Results may vary depending upon your particular facts and legal circumstances.)