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On Behalf of | Jun 11, 2018 | Alimony |

Same Sex Divorce Attorneys Morris County, NJ


As per the 2014 landmark Supreme Court decision Obergefell v. Hodges, same sex marriage is a constitutional right of all Americans. However, that followed over 200 years of American and New Jersey history where same sex couples were not afforded the same legal rights as heterosexual couples. Due to the complex history of these laws, divorce and civil union dissolutions have changed dramatically over the years. Therefore, understanding the history of same sex marriage laws illuminates why statutes are as they are today.

Our experienced same sex divorce lawyers will be discussing the history of New Jersey and federal marriage laws including domestic partnerships, civil unions, same sex marriage, and much more.

Domestic Partnerships and Civil Unions in Morris County, NJ

New Jersey lawmakers passed a 2003 bill legalizing domestic partnerships known as the Domestic Partnership Act. Domestic partnerships were legally very similar to marriage, but without some key rights such as tax advantages, rights as a living relative, and more. Our state was one of the first to pass such a law, following closely in the footsteps of California.

Soon after in 2006, the domestic partnerships were replaced by a new law legalized civil unions for same sex couples and all couples aged 62 and above. Civil unions were even closer to traditional marriages in the eyes of the law, but still fell short of the full legal status of marriage. The Civil Union Act became law on February 19th, 2007. Despite these laws moving in the right direction, many in the gay community and lawmakers alike found civil unions lacking. This, and public support, led to the legalization of same sex marriage in the coming years.

Harding, NJ Family Law Attorneys Discuss Legalization of Same-Sex Marriage in New Jersey

Our Harding family law attorneys remember the years between 2004 and 2013 as being a time up great turbulence regarding the issue of same sex marriage. Against a backdrop of national debate about the constitutional rights of same sex couples to marry, New Jersey had it’s own path.

  • In 2004, deputy city clerk D. Kiki tomes processed several same sex marriage licenses before the state Attorney General intervened
  • In 2009, Governor Jon Corzine stated that he would be open to signing a same-sex marriage bill should it come across his desk. This never happened, and incoming conservative Governor Chris Christie vowed to fight same sex marriage
  • Same sex marriage was formally proposed as a bill in 2010 before being struck down by the state Senate
  • In 2012, a similar bill reached the desk of Christie, who vetoed the bill
  • Finally, in 2013, the New Jersey Supreme Court unanimously upheld a Superior Court decision legalizing same sex marriage

As of today, same sex couples may choose to marry or remain in civil unions. In the case of divorce or civil union dissolution, all couples enjoy the same legal rights under state and federal law. If your or a loved one is in need of legal assistance regarding any of these issues, you may want to speak to a Harding family law attorney.

Questions About Same-Sex Marriage or Divorce? Call our Morristown Divorce Attorneys Today

The same-sex marriage and divorce attorneys of Laufer, Dalena, Cadicina, Jensen & Bradley are proud to serve different and same sex clients across Morris County communities including Morristown, Harding, Chester, Chatham, Morris Plains, Mendham, Morris Township, and across Northern New Jersey. Our qualified and experienced legal team handles all aspects of divorce and civil union dissolution such as child custody, child support, division of assets, alimony, and much more. Our attorneys also use alternative conflict resolution methods such as mediation and arbitration should our clients prefer to avoid litigation.

To speak with one of our divorce attorneys in a free and confidential consultation, please call our Morristown, NJ offices at 973-975-4043 or contact us online today.



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