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Two Important Ways the Supreme Court Same-Sex Marriage Ruling May Affect Divorce Law

The Supreme Court’s historic ruling legalizing same-sex marriage in all 50 states was clearly a significant victory for the gay community. The decision will surely have a major impact on a wide variety of family laws. Here are two issues that are certain to be impacted.

Child Custody

Although child custody cases are usually decided by determining what is in the best interests of the child, more often than not, the child usually goes with the mother. This is not by accident as mothers are generally seen, right or wrong, as being the default caretakers. Same-sex marriage will shatter this paradigm and compel courts to reevaluate their cultural criteria in deciding who will have primary custody. This can be a good thing as it will force courts to be gender-blind when determining where the child should live.

Universal Divorce Rights

Prior to the decision, a same-sex marriage that was performed in California, wasn’t recognized in Georgia. The Supreme Court’s ruling guaranteed universal marriage rights for all, including the right to divorce. This means that a same-sex couple that married in New Jersey can relocate to Alabama and get a divorce so long as they satisfy the residency requirements.

While the changes associated with such a sweeping ruling will take a while to iron out, the reality is that the Supreme Court’s decision is going to take the guesswork out of same-sex family legal issues.

Whether you have questions about custody, divorce, child support, alimony or asset distribution, you will need an experienced attorney that can help you navigate New Jersey’s family court system. Not all family lawyers are knowledgeable about LGBT family law. Make sure you choose one who knows the laws and is willing to fight for your rights.

Whether you are gay or straight, if you are seeking a divorce, emotions are likely running very high. Divorce is stressful – no matter who you are. We invite you to turn to a family law firm with the experience and compassion to help. Graziano & Flynn specializes in helping clients move through the divorce process as painlessly as possible. Contact us today so we can begin to protect your interests regarding spousal support, child custody and more.

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