US Supreme Court Rules In Favor Of Marriage Equality

On June 26, 2015, the United States Supreme Court ruled in Obergefell v. Hodges that under the 14th Amendment all of the states are required to license a marriage between same-sex couples as well as recognize a legally valid same-sex marriage performed in other states. In a 5-4 decision that was argued as a consolidated case to same-sex marriage bans in Michigan, Tennessee, Kentucky, and Ohio. The Court held that the United States Constitution's guarantees of due process and equal protection under the law mean that states cannot ban same-sex marriages which effectively makes gay marriage legal in all 50 states. The opinion was written by Justice Anthony Kennedy who has delivered some of the most important rulings in this nation's history concerning gay rights including Romer v. Evans, 517 U.S. 620 (1996), Lawrence v. Texas, 539 U.S. 558 (2003) and the United States v. Windsor, 570 U.S. ___ (2013). This ruling also represents the most important extension of matrimonial rights since Loving v. Virginia, 388 U.S. 1 (1967) that struck down state laws that banned inter-racial marriages. In his opinion, Justice Kennedy wrote that that hope of gay people intending to marry "is not to be condemned to live in loneliness, excluded from one of civilizations oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right." Same-Sex marriage became legal in New Jersey on October 21, 2013 following the decision in Garden State Equality v. Dow, N.J. 216, 314 (2013). If you are a gay or lesbian couple who plan on seeking a legal marriage or filing for a same-sex divorce or are simply someone who would like more information regarding the issue there are important factors that you should consider before doing so it is critical that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, same-sex divorce, same-sex relationship dissolution, equitable distribution, alimony, custody and visitation, or other family law matters in New Jersey visit the DarlingFirm.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

Same-Sex Divorce

As more American states begin to recognize marriage equality, the laws of each state must evolve to anticipate same-sex divorce. Marriage equality, or the recognition of same-sex marriage, is currently permitted in seventeen states: California, Connecticut, Delaware, Hawaii, Iowa, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Washington, and the District of Columbia. The recognition of gay marriage in these states may result in difficulties for the parties if and when they decide to divorce, especially if they live in any of the states that do not currently recognize marriage equality. Many issues may arise for gay and lesbian couples who file for divorce after being joined in a legal marriage in the states in which they live. For instance, all divorces in the states of Massachusetts and New Hampshire are viewed equally and therefore same-sex divorces are treated exactly the same as heterosexual divorces. However, certain issues may arise that can complicate same-sex divorces. For example, if a LGBT couple lived together for 25 years before the state permitted them to legally marry and that state considers the length of the marriage when deciding issues regarding division of assets and property, the only time that a court will look to when it makes decisions concerning equitable distribution will be the time that the couple was legally married . Which, in the aforementioned example, is much shorter than the time that the couple was actually together obtaining joint assets. The laws in the state of New Jersey are also continuing to evolve and as time progresses may become more sensitive to the unique legal issues that same-sex divorce presents to the parties involved, such as the issue presented in the example above. If you are currently in a same-sex marriage and you anticipate that you may be contemplating filing for a divorce it is critical that you seek out the advice of an experienced attorney before moving forward. For more information about same-sex divorce, child custody, divorce, parenting time, equitable distribution, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney

Gay Marriage Cases to Be Heard By US Supreme Court in 2013

2013 will definitely be a year to remember as the United States Supreme Court announced it has decided to hear two gay marriage cases, California's ban on gay marriages and the challenge to the federal Defense of Marriage Act (DOMA). Although not New Jersey cases, the impact for New Jersey residents could be considerable. Even though New Jersey recognizes Civil Unions, same-sex marriages are not recognized. In addition, Domestic Partnerships that were previously entered remain valid, however, new domestic partnerships are available only to couples in which both partners are at least 62 years old. In reviewing DOMA, enacted in 1996, the US Supreme Court will review the way things such as health insurance, medical leave, taxes and similar issues will be handled for same-sex couples. President Obama publicly announced his administration would no longer defend DOMA, as it violated the equal protection guarantees of the United States Constitution, and multiple state courts have declared the law unconstitutional. In reviewing California's Proposition 8 matter, the Supreme Court will directly address the fundamental question of whether same-sex couples have the right to marry. Although the New Jersey Senate and the New Jersey House of Representatives passed the Marriage Equality and Religious Exemption Act, Governor Chris Christie vetoed it. Governor Christie made clear his choice was not to allow "political maneuvering" to decide the issue but to allow LGBT proponents to bring the issue to the ballot where the people of New Jersey can make the final decision on whether same-sex marriage will stand in this state. For information regarding same-sex law in New Jersey, including civil unions, domestic partnerships, adoption, dissolution, custody, child support, support agreements, property division or other legal concerns of gay, lesbian, bisexual, transgender couples in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

U.S. Supreme Court Justices Meet Today to Consider Same-Sex Marriage

The U.S. Supreme Court Justices will meet today to decide whether they will accept any of 10 appeals pending before them regarding same-sex marriage. If any of the appeals is accepted, the argument will be whether there is a fundamental constitutional right to gay and lesbian marriage. Although six states have approved same-sex marriage and other states have approved various forms thereof which do not afford all rights associated with heterosexual marriage, there is presently no recognition by the federal government of same-sex marriage. Lack of recognition of same-sex marriage by the U.S. government deprives gays and lesbians of the benefits of obtaining spousal social security benefits, pension benefits, family medical leave protection, filing joint federal tax returns and bankruptcy benefits. Deprivation of these benefits to those in long-term, monogamous same-sex relationships can have devastating results over a lifetime. If any of the appeals is accepted, no decision will likely be made until the middle of 2013 but same-sex partners around the country await the Justices decision on the appeal today. For information regarding same-sex law in New Jersey, including civil unions, domestic partnerships, adoption, dissolution, custody, child support, support agreements, property division or other legal concerns of gay, lesbian, bisexual, transgender couples in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Gay NJ Man May Relocate to Gay Unfriendly State With Adopted Child Against Other Parent's Objections

In the recent case of A.G. v. R.R, (BER-FM-02-2258-09) the Bergen County Court ruled that a parent of primary residence with good intentions cannot be barred from relocating with the child to a state hostile to lesbian, gay, bisexual and transgender (LGBT) marriage without a showing of prejudice to the rights of the other parent. In A.G. v. R.R., the child was adopted while the parties were living in New Jersey, although they never entered into a civil union or domestic partnership. Upon separation, the parties entered into an agreement affording primary custody to A.G. and permitted him to relocate with the child from New Jersey to New York so that A.G. could pursue lucrative job opportunities. Following an injury rendering A.G. unable to perform the theater jobs for which he was well paid in New York, he received a lucrative job offer from an Atlanta, Georgia television production company and filed a Motion in the New Jersey Superior Court, Family Part, to relocate the child to Atlanta. R.R. opposed the Motion on the grounds that a 2004 amendment to the Georgia Constitution prohibits same-sex marriage and recognition of marriages of same-sex couples performed in other states. Judge Thurber held that the Full Faith and Credit Clause of the United States Constitution would require Georgia to uphold custody and parenting time orders issued by the New Jersey Courts. Judge Thurber rationalized that, if Georgia is hostile to the parental rights of R.R., he has a judicial remedy in the New Jersey Courts which have an interest in seeing their orders upheld. The Judge was careful to note that there was no example of a Georgia court refusing to recognize the rights of out-of-state adoptive parents. If you or your former partner are seeking to relocate a child against the wishes of the other parent, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on adoption, child support, custody, parenting time/visitation, dissolution of a civil union, domestic partnership or marriage, modifications, alimony, palimony or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.