Navigating LGBTQ+ Family Law in New Jersey: Building Your Family, Protecting Your Rights

New Jersey recognizes the rights of LGBTQ+ individuals and families.  Whether you’re entering a civil union, domestic partnership, same-sex marriage or navigating adoption or surrogacy, our experienced New Jersey family law attorneys are here to guide you through the legal complexities and ensure your family is protected.

Same-sex marriages follow the same divorce process as heterosexual marriages, domestic partnerships and civil unions have distinct legal requirements for both their formation and dissolution. These partnerships and unions don’t automatically equate to marriage, and their termination procedures differ from the standard divorce process. In simpler terms, same-sex marriage follows the established path for divorce, but domestic partnerships and civil unions have their own set of rules for both creation and ending.

Building Your LGBTQ+ Family in New Jersey

While significant strides have been made, LGBTQ+ families still face unique legal challenges.  Here’s an overview of some key issues:

  • Marriage vs. Civil Unions/Domestic Partnerships:
    New Jersey recognizes same-sex marriage, granting all the legal protections and benefits afforded to heterosexual couples. However, some couples may choose a civil union or domestic partnership. Understanding the legal differences between these options is crucial.
  • Adoption and Surrogacy:
    New Jersey law prohibits discrimination based on sexual orientation or gender identity in adoption and fostering. However, the process can be complex. We’ll guide you through the legal steps, ensuring a smooth and successful adoption or surrogacy journey.
  • Second-Parent Adoption:
    For same-sex couples with a child from a previous relationship or through assisted reproductive technologies (ART), second-parent adoption allows the non-biological parent to establish legal parenthood, securing equal rights and responsibilities.
  • Custody and Support:
    Custody and child support arrangements remain the same for LGBTQ+ couples as for heterosexual couples. The focus remains on the child’s best interests, considering factors like parental fitness and the child’s relationship with each parent.
  • Divorce:
    Divorce can happen in any marriage. While there are some unique considerations for LGBTQ+ couples, the core challenges of emotional strain, asset division, child custody, and spousal support are similar to those faced by different-sex couples going through divorce.

Contact Jersey Coast Family Law for a consultation
with an Ocean and Monmouth County LGBTQ+ family lawyer (732) 361-4718

Beyond the Basics: Protecting Your Rights

Building a family goes beyond legal recognition. Our attorneys can assist you with additional considerations:

  • Premarital Agreements: Premarital agreements (prenuptial agreements) can be beneficial, especially for couples with significant assets or entering a second marriage. We’ll guide you through the process, ensuring a fair and comprehensive agreement.
  • Estate Planning: Estate planning documents like wills and power of attorney are crucial for protecting your family and ensuring your wishes are carried out. We’ll tailor an estate plan that reflects your unique family structure.
  • Discrimination: While New Jersey law prohibits discrimination based on sexual orientation and gender identity, instances of prejudice can still occur. We’ll advocate for your rights and guide you through any legal challenges you may face.

Why Choose Us?

We understand the importance of building a family on a foundation of legal security and support.  Here’s how we make a difference:

  • Experience and Sensitivity:
    Our attorneys have experience working with LGBTQ+ families in New Jersey. We are sensitive to the unique challenges you face and are committed to advocating for your rights and needs.
  • Comprehensive Representation:
    We offer a full range of family law services, from navigating marriage or civil unions to adoption, surrogacy and custody arrangements.
  • Compassionate Approach:
    We understand that forming a family can be an emotional journey. We’ll provide compassionate support and guidance every step of the way.
  • Commitment to Equality:
    We are passionate about equality for all families and work tirelessly to ensure LGBTQ+ families have the same legal protections and opportunities as heterosexual couples.

Building Your Future with Confidence

Whether you’re entering a new relationship, expanding your family or planning for the future, our New Jersey family law attorneys are here to help. We’ll work diligently to ensure your family is legally protected and your rights are upheld.

Contact Our Monmouth and Ocean County Family Law Attorneys Today for a Free Consultation

Schedule a free consultation with one of our experienced family law attorneys to discuss your specific situation and unique family goals. We’ll answer your questions, address your concerns, and outline your options. Together, we can build a strong foundation for your LGBTQ+ family in New Jersey.

Jersey Coast Family Law has offices in Toms River and Red Bank and serves clients throughout New Jersey.

Where Family Comes First

Meet Our Team

Abigale M Stolfe, Esq

Abigale M Stolfe, Esq.

Heather Capp, Esq

Heather Capp, Esq.
Managing Attorney

Experienced In Fearlessly Fighting For Our Clients Best Interests

Send your information today to schedule a free consultation with our Award Winning legal team.

With legal experience handling complex divorce and family law matters—especially those involving business owners, executives, asset owners, and their spouses—our legal team has the proven ability to fearlessly protect our clients’ best interests.

Contact Our Team: 732-361-4718

Contact Our Team:

Contact Our Firm

Our Trusted Team Is Available When You Need Guided Legal Counsel

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Well-Versed in Executing Complex Cases

Jersey Coast Family Law have extensive knowledge in divorce litigation and family law mediation matters, from pre-nuptial agreements and post-judgment litigation. Our team has reached countless favorable resolutions on behalf of individuals involved in high-net-worth, complex, and litigious cases. As dedicated family lawyers, our goal is to guide our clients to the right path towards emotional and financial resolution.

We have repeatedly provided trusted legal counsel, with the solid goal of de-mystifying what is often a client’s first experience with our judicial system.