Atlantic County LGBTQ Family Lawyer

Families are not all built the same way, and fortunately, New Jersey law has evolved over the years to recognize this reality and provide LGBTQ individuals and families with many of the same rights afforded to anyone else under the law. That being said, simply because these rights exist does not necessarily mean that every legal issue is straightforward or easy to resolve. If you are part of the LGBTQ community and are facing a family law issue, you need a knowledgeable and dedicated Atlantic County family lawyer you can depend on. Fortunately, if you’re reading this, you’re in the right place. The Law Office of Stephanie Albrecht-Pedrick, LLC has been a staunch legal ally of the LGBTQ community for years, and we stand ready to ensure your rights and concerns are protected and heard. Contact us for an initial consultation today.

What Rights Do LGBTQ Individuals and Families Have Under New Jersey Law?

Generally speaking, LGBTQ individuals and families possess the same rights and protections as anyone else under New Jersey family law. New Jersey has long been considered one of the more protective states when it comes to LGBTQ rights, and because of this, same-sex couples and LGBTQ parents have access to many of the same legal remedies available to opposite-sex couples and parents. Some of these rights are as follows:

• The right to marry in New Jersey.
• The right to file for divorce.
• The right to adopt children.
• The right to pursue child custody and parenting time.
• The right to request child support.
• The right to seek alimony where appropriate.
• The right to inherit from a spouse under New Jersey law.
• Protection from discrimination in employment, housing, and public accommodations.

However, one issue that frequently arises in LGBTQ family law cases concerns legal parentage. Though two people may raise a child together for years, attend school events together, make medical decisions together, and otherwise function as equal parents in every practical sense, there are situations where only one parent is legally recognized under the law. For example, legal disputes can occur where:

• A child was born before the parties married.
• One parent is biologically related to the child while the other is not.
• Assisted reproductive technology was used.
• A sperm donor or egg donor was involved.
• A second-parent adoption was never finalized.

This is important because legal parentage impacts several significant issues, including custody rights, parenting time rights, child support obligations, inheritance rights, and medical decision-making authority.

Fortunately, New Jersey courts generally focus on what is in the best interests of the child when making custody determinations, and a parent’s sexual orientation or gender identity should not negatively impact his or her ability to obtain custody or parenting time.

What Is the Difference Between Marriage and Civil Unions in New Jersey?

One of the more common questions people ask is whether civil unions still exist in New Jersey.

The answer is yes.

Before same-sex marriage became legal, New Jersey created civil unions as a way to provide same-sex couples with many of the same rights and protections afforded to married couples under state law. Though same-sex marriage is now legal, civil unions continue to exist, and many couples throughout New Jersey remain in civil unions today.

That being said, civil unions and marriages are not exactly the same. Marriage generally provides:

• Recognition under both state and federal law.
• Federal tax benefits.
• Federal survivor benefits.
• Federal immigration benefits.
• Automatic recognition throughout the country.

Civil unions generally provide:

• Recognition under New Jersey law.
• Many state-level rights and protections.
• Potential complications when dealing with agencies or employers outside New Jersey.
• Fewer federal benefits than marriage.

Many couples who entered civil unions years ago later decided to get married after same-sex marriage became legal in New Jersey and throughout the United States. Others, however, elected to remain in civil unions, which they are fully entitled to do.

You should also note that if a civil union comes to an end, the parties generally still have to go through a formal legal dissolution process that is very similar to a traditional divorce proceeding.

How Does Same-Sex Divorce Work in New Jersey?

Simply put, same-sex divorces generally proceed in much the same way as any other divorce in New Jersey.

This means that issues involving equitable distribution, child custody, child support, alimony, and parenting time are analyzed under the same laws and legal standards applied in every other divorce case.

Since New Jersey follows equitable distribution, marital assets are divided according to what the court believes is fair under the circumstances, though, unfortunately, fair does not always mean equal. Assets that may be subject to equitable distribution can include the following:

• Homes and other real estate.
• Retirement accounts.
• Investment portfolios.
• Bank accounts.
• Businesses.
• Vehicles.
• Marital debts.
• Personal property accumulated during the marriage.

When determining how property should be divided, Atlantic County courts may consider several factors, including:

• The duration of the marriage.
• The age and health of both spouses.
• Each spouse’s income and earning capacity.
• The standard of living established during the marriage.
• Contributions made toward acquiring marital assets.
• Future financial circumstances.

That being said, same-sex divorces occasionally present issues that are somewhat unique.

For example:

• A couple may have been together for many years before marriage was legally available.
• Property may have been purchased jointly long before the marriage itself occurred.
• One spouse may have spent years raising a child without ever becoming a legal parent.
• There may be questions involving surrogacy agreements or assisted reproduction.

Naturally, these issues can make a divorce more complicated from both a financial and parental standpoint.

You should also note that New Jersey allows parties to pursue a no-fault divorce based on irreconcilable differences, which is often the preferred route because it allows parties to avoid unnecessary allegations and disputes that may ultimately have little impact on the outcome of the divorce itself.

What Legal Issues Affect Unmarried LGBTQ Couples?

Though marriage and civil unions provide significant legal protections, not every couple chooses to enter into one of these legal relationships.

In fact, many unmarried couples spend years together, purchase homes together, combine finances together, and even raise children together without ever formally marrying or entering into a civil union.

Unfortunately, when these relationships end, many people discover that unmarried couples generally possess fewer legal protections than married couples.

Some of the more common issues affecting unmarried LGBTQ couples include the following.

Property Ownership

If only one person’s name appears on a deed, mortgage, vehicle title, or financial account, disputes can arise very quickly when a relationship ends.

Financial Contributions

Many individuals spend years contributing to mortgage payments, renovations, utilities, and household expenses without obtaining any legal ownership interest in the property itself.

Child Custody and Parental Rights

If a non-biological parent never formally adopted a child or otherwise established legal parentage, custody and parenting disputes can become significantly more complicated.

Medical Decision-Making Authority

Unlike spouses, unmarried partners generally do not automatically possess the right to make emergency medical decisions on behalf of one another.

Inheritance Rights

If one partner passes away without a valid estate plan in place, the surviving partner may discover that he or she possesses very few inheritance rights under New Jersey law.

Fortunately, there are several legal tools available that can help protect unmarried couples and their families. These tools can include the following:

• Cohabitation agreements.
• Parenting agreements.
• Wills.
• Powers of attorney.
• Advance healthcare directives.
• Second-parent adoptions where appropriate.

As is the case with many family law matters, the earlier these issues are addressed, the easier they often are to resolve.

Contact an LGBTQ Family Lawyer in Atlantic County, NJ

Here at the Law Office of Stephanie Albrecht-Pedrick, LLC, we are dedicated to providing steadfast and comprehensive legal representation to members of the LGBTQ community. Whether you’re facing a divorce or any other family law matter, you can depend on our dedicated legal team to be your number-one advocate, every step of the way. If you have questions about your case or you need an experienced LGBTQ family lawyer in your corner, please don’t hesitate to contact the Law Office of Stephanie Albrecht-Pedrick, LLC today.