Equality in marriage, but what about Divorce?
Same sex marriage was legalized in the state of New Jersey in October of 2013. When it comes to divorce, same sex-marriage couples will follow the same procedure as opposite-sex married couples. What that means is that one party will need to file a complaint for divorce stating at least one of New Jersey’s grounds for divorce, including but not limited to irreconcilable differences. Following that filing the court will process the case in the same manner as it has been processing opposite sex divorces for years. What that means is that there are no additional grounds, paperwork or proofs that are required in a same-sex divorce. There are no additional court appearances required. That does not however mean that the process will be easy. All that means is that everyone is being treated the same way when it comes to divorce.
When it comes to couples that were married in a civil union, the process for divorce is a bit different. It includes a different sort of complaint for divorce and parties in a civil union cannot utilize the ground of irreconcilable differences when it comes to filing their complaint. That means that parties in a civil union will require a longer waiting time to file for divorce as well as additional proves that are required to support the other grounds for divorce available in New Jersey. Other grounds include extreme cruelty, separation, etc.
It is crucial that your initial paperwork clearly state the type of marriage you are trying to end and that the grounds you are alleging are the correct ones supported by appropriate evidence. Contact the Ruiz Doolan Ruiz Law Firm, LLC at 201-880-5563 to see how can assist you through this difficult process.
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