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 Benefit Dispute To Be Heard By U.S. Court Of Appeals

Recently, a lawsuit was filed when an employer denied to provide health benefits to one of its employee's same-sex spouses. On February 18, 2015, United States District Judge Freda Wolfson of the District of New Jersey dismissed a lawsuit that claimed Meridian Health System improperly denied health benefits under COBRA to a man whose legal husband was fired. The Plaintiff, filed an appeal on the same day his lawsuit was dismissed by Judge Wolfson. In his appeal, the Plaintiff claimed that Meridian violated COBRA by neglecting to provide him with notice of benefits eligibility under the law when his husband was fired from his job as a nurse. Judge Wolfson ruled that the Plaintiff lacked standing to bring such a lawsuit under COBRA because his husband did not include him as a beneficiary on his health care plan when he was still employed. The Plaintiff and his husband were legally married in Connecticut in 2009. According to the Plaintiff, Meridian failed to send him and his spouse COBRA and open enrollment notices within the mandatory 44 day period following his husband's termination from employment. He suffered a stroke in 2011, and he claimed that his husband requested COBRA notices from Meridian in 2011. In 2012, the Plaintiff's husband received notice that he was eligible for COBRA benefits and both men received open enrollment forms, but, according to Judge Wolfson, they never completed the forms and the Plaintiff lacked standing to bring the lawsuit. The Plaintiff argued that, nevertheless, he had standing to sue because he was eligible to join the health care plan and would have been designated a beneficiary by his husband. Judge Wolfson noted that this argument was without merit and dismissed the case. Currently, this case has been appealed to the Third Circuit Court of Appeals and the parties are awaiting consideration. 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). Since that time, thousands of homosexual couples have received marriage licenses throughout the state. 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 HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

National Same-Sex Marriage Imminent?

This week, the United States Supreme Court, in Luther Strange, Attorney General Of Alabama v. Cari D. Searcy, Et Al. On Application For Stay No. 14A840, refused to block gay marriages from being permitted in the state of Alabama and the dicta in one of the dissents of the Court's ruling seems to indicate that nationwide recognition of same-sex marriage may be imminent. In a 7-2 decision, only two justices, Clarence Thomas and Antonin Scalia, dissented in the Court's denying to stop homosexuals from obtaining marriage equality in the state of Alabama. Therefore, currently, 37 states and the District of Columbia allow same-sex couples to marry. As same-sex marriage is being recognized in the states at an alarming velocity many Americans are wondering if the Supreme Court is planning on making gay marriage recognized across the country when it rules on four (4) consolidated cases in June. Perhaps, comments included in Justice Thomas's dissenting opinion offers a sneak peek at the direction that the Court plans to take in June. In his dissention, Justice Thomas acknowledged that the Court's move to permit same-sex marriages in Alabama "may well be seen as a signal of the court's intended resolution." It is important to note that one of the key factors that the Court considers when deciding whether or not to put a hold on a lower court's ruling is the likelihood of success for the litigants if the case were to be appealed. Therefore, the Court's refusal to allow a stay on the ban of same-sex marriage in Alabama and other states that were recently similarly situated may indicate that the Court will find that same-sex marriage bans are unconstitutional in its ruling due in a few months. 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). Since that time, thousands of homosexual couples have received marriage licenses throughout the state. If you are an LGBT 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 HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

Historic U.S. Supreme Court Ruling On Same-Sex Marriage May Be Upon Us

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). Since that time, thousands of homosexual couples have received valid marriage licenses throughout the state. From 2013 until the present, and since the Supreme Court struck down the federal definition of marriage in the Defense of Marriage Act in United States v. Windsor, the number of states that have come to legally recognize marriage equality has doubled. Currently, 36 states and the District of Columbia allow same-sex couples to marry and over 70% of the U.S. population currently live in a state where same-sex marriage is permitted or recognized. One by one, as the states legalized same-sex marriage many Americans began to wonder when and if the United States Supreme Court would take a case or cases that could lead to a nation-wide recognition of marriage equality. Legal theorists hypothesized that the Supreme Court may take up the issue once there was a circuit split in the U.S. Court of Appeals - well that time has come. Recently, the justices of the United States Supreme Court have granted review of four (4) pending cases in which the U.S. Court of Appeals for the Sixth Circuit upheld bans of same-sex marriage and the recognition of out of state legal same-sex marriages in Ohio, Michigan, Kentucky, and Tennessee splitting with its sister circuit court. The cases are DeBoer v. Snyder; Bourke v. Beshear; Tanco v. Haslam; and Obergefell v. Hodges. The arguments will be heard before the Supreme Court sometime in April of 2015 and a decision on the cases is expected to follow in June. The high Court permits 90 minutes for attorneys to argue whether or not the 14th Amendment requires a state to recognize and or provide licenses for homosexuals to legally wed. Subsequent to the Court taking these cases, Attorney General Eric Holder announced that the United States Justice Department will file amicus briefs urging that the justices find that all individuals, gay or straight, have the right to marry. Therefore, it is very possible that gay and lesbian couples may be allowed to marry in any state in the United States by the end of the summer. 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 HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

Same-Sex Divorce Law Lags Behind Same-Sex Marriage Law in NJ

It has been over one year since same-sex marriage has become legal in New Jersey and since October 21, 2013 and the decision in Garden State Equality v. Dow, N.J. 216, 314 (2013) hundreds of homosexual couples from New Jersey and beyond have applied in this state for marriage licenses, but obtaining a same-sex divorce may prove to be a trickier ordeal. Twenty states in America still have legislation that prohibits homosexual couples from legally marrying each other. For many residents of these particular states, New Jersey has proven to be viable destination to travel to for the purposes of marrying. Many same-sex couples living in states that still ban gay and lesbian marriage routinely travel to other states to get married. The velocity with which same-sex marriage laws have been changing throughout the county have provided people in this predicament with many potential wedding destinations. The problem is, same-sex divorce laws have not adapted to accommodate this practice. It stands to reason that the majority of states that do not recognize gay or lesbian marriages also do not recognize same-sex divorce. Therefore, if a LGBT married couple desires to get a divorce there may be logistical obstacles that may impede the process. For instance, in New Jersey a gay or lesbian married couple who may live in another state but traveled to New Jersey to get married will most likely have difficulty obtaining a legal divorce in this state because of New Jersey's residency requirement. According to the laws of this state, either or both of the spouses in a legal marriage must be a bona fide resident of New Jersey and if a couple wants to obtain a divorce on any grounds other than adultery, this residence requirement must have been established for one full year before the divorce papers are filed. The status of this aspect of the law may make it difficult for out of state residents who marred in New Jersey to get a divorce if they did not relocate to the state following their marriage - which indicates that thousands of people throughout the country may be affected by this. If you are a gay or lesbian couple who plan on seeking a legal marriage or filing for a same-sex divorce or would like more information regarding same-sex divorce 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, equitable distribution, alimony, custody and visitation, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

FMLA Could Be Extended to Couples in Same-Sex Marriages Throughout Nation

Gay and lesbian couples who were joined in same-sex marriages are now entitled to the Family and Medical Leave Act (FMLA) in states that recognize marriage equality, but the FMLA could also be extended throughout the nation to include common law spouses even in states that currently do not recognize same-sex marriage as well. The U.S. Department of Labor recently proposed a new rule that would extend the effect and benefits of the FMLA to same-sex couples and common law spouses throughout the country. Employers had until August 11, 2014 to submit their comments and suggestions regarding the new proposed rule change. The FMLA covers employers with fifty (50) or more employees within seventy-five (75) miles of each other. As it is written, the law permits any eligible employee to apply for and take up to twelve (12) weeks of unpaid leave within a 12-month period of time if and when a member of his or her family has a serious health condition. The FMLA designates a family member as a parent or child under the age or 18 or a spouse. Previously, only legally married heterosexual couples qualified as spouses under the law. In 2014, the United States Supreme Court struck down parts of the Defense of Marriage Act (DOMA) which defined "marriage" and "spouse" to be limited to heterosexual partners. This ruling changed the definition of "spouse" with regard to the FMLA to include a legally married same-sex spouse, if that person worked in a state that recognized marriage equality but not in states that did not recognize same-sex marriages. The current proposed rule would expand FMLA to the spouses of gay and lesbian individuals as long as the marriage was legal in the state where it was entered into even if they work in a state where same-sex marriage is not legal. The new rule would also expand the FMLA to common law spouses in all fifty (50) U.S. states, provided that the relationship is recognized in at least one state. If you are a gay or lesbian couple who plan on seeking a legal marriage or filing for a same-sex divorce or would like more information regarding same-sex divorce 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 HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

Same-Sex Marriage: The Impact Of Windsor In America

The years 2013 and 2014 have ushered in great social and cultural change with regard to the status of same-sex marriage throughout America due in large part to the decision in United States v. Windsor, 570 U.S. 12 (2013). One year ago this week the United States Supreme Court decided the landmark Windsor case which struck down The Defense of Marriage Act (DOMA) as unconstitutional and essentially held that gay and lesbian people in the United States should be offered the same rights and respect under the law that heterosexual people currently enjoy. This decision has had a profound impact on the status of marriage equality in America. DOMA was passed by Congress in 1996 and functioned to define marriage as a legal union between a man and a woman only - in the eyes of the federal government. After DOMA's passage, gay and lesbian married couples were officially denied all of the federal recognition and benefits that were afforded to straight couples who were married. When the Windsor case was filed in 2010, only five (5) states and Washington D.C. allowed same-sex marriage. When the United States Supreme Court rendered its decision in the case, twelve (12) states allowed LGBT people to marry. Today, nineteen (19) states, as well as Washington D.C., recognize same-sex marriages along with the federal government. Currently, 44% of the population of the United States have the right to marry a same-sex partner if they choose to do so. This reflects a remarkably fast cultural shift across this nation - a shift that will have long lasting effects on the legal atmosphere for decades to come. At present, there are many other states' courts and legislatures that are deciding issues regarding marriage equality and there may be even more states that recognize same-sex marriage by the end of this year. The rolling trend toward marriage equality in America is undeniable. Therefore, gay and lesbian couples who are contemplating marriage in New Jersey or any other state that now recognizes marriage equality should educate themselves on their new rights and legal responsibilities, especially if they were previously joined in a civil union or domestic partnership. If you are a gay or lesbian couple who plan on seeking a legal marriage, filing for a same-sex divorce or would like more information regarding same-sex divorce 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, visitation, or other family law matters in New Jersey visit DarlingFirm.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

Same-Sex Marriage Is In State Courts Across The Country

Over the past few months and especially over the past few weeks states across the nation have seen a great deal of action and activity with regard to the legalization of same-sex marriage. Since the United States Supreme Court decided United States v. Windsor 570 U.S. 13 (2013) many states have seen action taken by either their legislatures or their judiciaries to legalize same-sex marriage. In addition to this, some federal judges are in the process of moving numerous other states in this very same direction. There are currently approximately 70 marriage equality cases being considered throughout judicial systems in the United States and more district court judges may issue their own opinions which could change the laws in other states just like Judge Mary Jacobson in Mercer County Superior Court did in Garden State Equality v. Dow in September of 2013 to allow gay and lesbian couples in New Jersey to marry. Since that time many other states have followed suit. Just this week, the same-sex marriage ban which was incorporated into Oregon's state constitution was overturned by U.S. District Judge Michael McShane, and although an appeal to this decision has already been filed, Oregon state officials have not indicated that they will not move to disturb Judge McShane's ruling. In addition, this week also saw Pennsylvania's gay marriage ban struck down by U.S. District Judge John E. Jones. The Pennsylvania state Attorney General immediately announced that she would not be challenging the ruling and the state's governor, Tom Corbett, has already stated that he would not appeal the decision because such an appeal would be extremely unlikely to succeed. Assuming this trend continues, homosexual individuals will be permitted to legally marry in the majority of the U.S. states within a few years. As marriage equality continues to spread across the nation it is very important that LGBT couples who decide to obtain a legal marriage license understand the rights, benefits, and privileges that their legal union bestows upon them based on their state's laws. It is also imperative that in the event their relationship dissolves and they decide to seek a divorce to end their marriage each party is aware of their property and child custody rights as these issues will be in the forefront of the divorce proceedings - just as they are for heterosexual couples who are divorcing. If you are a gay or lesbian couple who plans on seeking a legal marriage or filing for a same-sex divorce or would like more information regarding the divorce process 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, custody and visitation, equitable distribution or other family law matters in New Jersey visit DarlingFirm.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

First New Jersey High Profile Same-Sex Divorce Could End in Reconciliation Agreement

What most likely would have been New Jersey's first high profile same-sex divorce appears to be heading toward a reconciliation and a legal agreement. Last month, world famous Olympic figure skater Johnny Weir and his husband, Victor Voronov, were all over the news with reports that they had announced that following a physical altercation they had decided to seek a divorce. In the days that followed the announcement there were reports that the two were already fighting over marital property, most notably their beloved pet dog. Lawyers were running to court to battle over the immediate division of property. If Weir and Voronov proceed to a divorce, New Jersey would be witness to its first high profile divorce since gay and lesbian citizens gained the right to legally marry in October of 2013. Although, most recently, Weir and his husband are reportedly attempting to make their marriage work through the use of a legal agreement that would specify how each is to behave in the marriage. The media has initially been referring to such an agreement as a postnuptial agreement, but this would be incorrect, and the agreement that Weir and Voronov may be contemplating would be called a reconciliation agreement. In the Garden State, such an agreement is a legal exchange of promises between spouses made during the pendency of the marriage to protect property and rights if a divorce were ever to occur in the future. The primary distinction between a postnuptial agreement and a reconciliation agreement is that a reconciliation agreement is drafted and executed during a marriage after problems have surfaced to the point that the couple has considered seeking a divorce. On the other hand, a postnuptial agreement is an agreement made by spouses during the marriage to protect property upon a significant change in the assets or income of one party - before there is a marital rift or disintegration. A reconciliation agreement's purpose is to compel each party to make certain promises or concessions as a means to attempt to fix an already broken marriage and encourage a peaceful reconciliation. Reconciliation agreements are typically enforceable in court as long as they are fair to each party at the time they are executed and when they are to be enforced. Nicholson v. Nicholson, 199 N.J. Super. 525 (App. Div. 1985). If you are a gay or lesbian couple who plans on seeking a legal marriage or filing for a same-sex divorce or would like more information regarding postnuptial or reconciliation agreements 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, postnuptial agreements, prenuptial agreements or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

Same-Sex Marriage Changing Property Rights

As marriage equality spreads across the country the resulting changes in states' laws have been vast and issues regarding property rights and mortgage processes are among the changes that are taking place. Now that same-sex marriages are being recognized and codified into the laws of the individual states, policies and regulations that were initially only relevant for heterosexual couples, such as laws regarding property rights and benefits, are being made available to same-sex couples who are legally married. With regard to property rights and mortgages, before gay and lesbian marriages were recognized in a state that has accepted marriage equality, homosexual couples had to file as co-borrowers on separate applications and then submit the applications at the same time. With the changes that have been occurring, in states that recognize same-sex marriages, couples can file a joint mortgage application and all of their income, liabilities, expenses, and assets will be submitted on one application for their household. This manner of filing jointly may very well affect the status of their mortgage application and these gay and lesbian couples can now feel more assured that they are receiving the same treatment and protections that previously was only available to heterosexual couples. In addition, in the unfortunate situation where any homosexual married couple may decide to end their marriage through divorce, any and all of the real and/or personal property that they accumulate during their marriage will be considered marital assets that will be subject to equitable distribution just as it would for a heterosexual married couple who filed for a divorce. No longer do the courts need to consider issues like the 2007 case of Richard Gruber v. Scott Rixford wherein the NJ Superior Court in Passaic County and later the NJ Appellate Division reviewed substantial evidence relating to the financial contributions of the two men toward their shared residence over the course of their 10 year relationship. In fact, many LGBT couples who never had to consider the issue are now seeking pre-nuptial agreements to protect pre-marital assets, children from prior marriages or disparate earning capacities. If you are an LGBT couple and have questions concerning the property rights involved with same-sex marriage or divorce it is imperative that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, same-sex divorce, dissolution, alimony, 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.

Special Considerations For Same-Sex Divorce

The state of New Jersey has recognized marriage equality since October of 2013 and now that same-sex marriage is legal in the Garden State many people may begin to wonder what considerations need to be realized regarding same-sex divorce. One of the first things that a gay or lesbian couple must consider is if they entered into a civil union prior to their marriage how the civil union, which is a legal agreement, may affect them if they decide to divorce. Based upon the new N.J. Department of Health policies, same-sex couples who were previously joined in a domestic partnership or civil union do not need to dissolve these partnerships as a prerequisite to marrying in this state - provided that the spouses who were joined in either of these two legal relationships are marrying each other and not someone new. Ultimately, because the legal marriage does not function to dissolve the prior domestic partnership or civil union, the gay couple remain in two distinct legally valid unions - the marriage and the civil union or domestic partnership. If the relationship sours and the couple decides to obtain a divorce, they must remember that both the legal marriage and the other legal partnership must both be terminated. Each legal union brings certain rights, entitlements, and responsibilities to the relationship and therefore terminating only the marriage does not release a party from the obligations that flowed through the prior civil union or domestic partnership and vice versa. Therefore, LGBT couples who are planning to apply for a marriage license should take the time to discuss whether or not they should address the issue of their civil union prior, during, or after their marriage as there may be consequences that result from either allowing the legal partnership to remain in affect or by dissolving it. If you are a homosexual couple and have questions regarding what legalities you should be aware of regarding your same-sex marriage or divorce it is imperative 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, alimony, 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.

Same-Sex Couples In NJ Should Check Twice Prior to Relocation

There is no denying that as marriage equality and same-sex marriage is becoming legal throughout the nation, gay and lesbian couples who are divorcing need to inform themselves on the legal considerations that may impact the their divorce. Divorce proceedings are extremely arduous on all couples, but may even be more complex for gay and lesbian couples who move out of their state and who have children. For instance, although New Jersey currently recognizes marriage equality, if a couple who is legally married in New Jersey chooses to move to another state during their marriage that does not recognize same-sex marriage there could be repercussions if the couple later decides to get a divorce. Federal laws may not address all of the issues that may arise in a same-sex divorce proceedings despite the fact that gay and lesbian couples are now afforded the same federal benefits as heterosexual married couples. Therefore, if a gay married couple decides to move out of the state where they were legally married it is very important that they inform themselves about the marriage laws in their new state of residence. For instance, the couple should seek out information regarding the state's recognition of second-parent adoption or whether or not grandparents' have the right to seek custody of children. If the couple signed any agreements before their legal marriage was executed, each party may wish to re-acquaint themselves with the particulars of the agreement to ascertain whether or not any provisions will affect the divorce process, specifically regarding the continued care and custody of any minor children. It may also be important for a party to realize that they should not change any of their visiting patterns with their child simply because the other party compels them to. A court may review the consistency of parenting time and visitation when making decisions regarding child custody. No one should assume that simply because one parent may be the biological parent and the other and adoptive parent that a court will automatically award custody to the biological parent. If you are a gay or lesbian couple who plans on seeking a legal marriage or filing for a same-sex divorce 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, civil union or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

Same-Sex Couples May Invoke Marital Privilege in Federal Court Proceedings

In its recent memorandum regarding changes to federal law concerning the recognition of same-sex marriage, the United States Department of Justice indicated that same-sex spouses will now be able to invoke marital privileges in both federal civil and criminal cases. The rights now extended to gay and lesbian married couples will affect both the confidential communication between spouses as well as testimonial communications. The confidential communications privilege protects all of the substance and contents of the confidential communications made between spouses during the duration of their marriage. The testimonial privilege, under certain circumstances, protects a spouse from being compelled to testify against his or her spouse in court proceedings. Prior to the new federal policy, only heterosexual couples could assert these privileges. According to the Department of Justice memo, for the purposes of asserting the aforementioned privileges, it will consider a marriage to be legally valid if the same-sex marriage was conducted and is recognized in a jurisdiction that recognizes marriage equality. It is very important to note that these privileges will not be extended to homosexual couples who are currently joined only in a domestic partnership or civil union. As more and more states begin to recognize marriage equality across the nation, many state and federal laws are quickly adapting to accommodate the rapid social and legal changes that follow. It is very important to remain informed and up to date on these rapidly changing developments that will continue to have an important impact on the state and federal laws throughout America. If you are a gay or lesbian couple who plans on seeking a legal marriage or filing for a same-sex divorce 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, alimony, child support, custody, visitation, civil union, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

Recent Expansion of Federal Same-Sex Marriage Rights and Benefits

This week the United States government expanded the recognition of same-sex marriage rights to include situations such as bankruptcies, survivor benefits, and prison visits. This reflects yet another way that gay and lesbian legal rights are continuing to spread throughout the federal and state governments. This expansion of rights includes the remaining 34 U.S. states that still have not legalized gay marriage. In these states, the aforementioned federal benefits will only be extended to areas where the federal government has jurisdiction. For instance, a homosexual couple who was legally married in New Jersey can now become involved in a federal bankruptcy case in any of the 34 states who have not yet recognized marriage equality. Before this week, the federal government could challenge a same-sex couples' joint bankruptcy in states that do not recognize same-sex marriage. This new expansion of federal benefits also impacts LGBT married partners' ability to gain visitation rights for spouses incarcerated in federal prisons. It also extends survivor benefits for spouses of police officers and firefighters killed in the line of duty as well as the legal benefit and right to not be compelled to testify against a spouse in federal courts. The legal landscape for gay and lesbian individuals throughout the nation is changing at breakneck speeds. As social benefits and privileges continue to expand for homosexual people, everyone needs to remain up-to-date on how the expansion of marriage equality and social benefits legally impacts their lives. As the number of same-sex marriages increases in New Jersey, unfortunately and inevitably, so will the number of same-sex divorces and all of the issues associated with a legal divorce such as child custody, parenting time, equitable distribution, child support, and alimony - just to name a few. If you are a gay or lesbian couple who is dealing with any of these legal issues it is extremely important that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, same-sex divorce, custody, child support, alimony, 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

Same-Sex Marriage Offers Tax Equality

As marriage equality is spreading across the country, GLBTI couples are beginning to realize the many benefits that same-sex marriage affords them. One of the most important and advantageous benefits of the legalization of same-sex marriage is the favorable tax treatment for the parties in the event of a divorce. Before New Jersey began permitting homosexual couples to legally wed, gay and lesbian couples were only allowed to enter into a civil union or domestic partnership. Although New Jersey's laws regarding the dissolution of a civil union or domestic partnership are virtually the same as the laws that govern a heterosexual divorce, the laws of the federal government are very different. For instance, when same-sex parties end their NJ civil union, alimony or spousal support payments are typically categorized as gifts for the purposes of filing federal taxes which exposes the parties to a higher tax liability than legally married couples. Further, the exchange of assets between parties in equitable distribution was considered a taxable event under federal tax laws. On the other hand, in the context of legalized same-sex marriages, alimony payments result in equalized tax treatment for the parties. The party who is required to make alimony payments to his or her ex-spouse is permitted to take a federal tax deduction for their payments, which is a benefit for that party. The party receiving the alimony sum is required to file the payments as taxable income when reporting to the federal government. In addition, the exchange of assets and property during the equitable distribution phase of the divorce is not considered to be a taxable event under federal tax laws. Overall, as the number of states that recognize marriage equality continues to increase, many more homosexual couples whose legal marriages end in divorce will be able to realize some of the federal tax benefits that have been available to different-sex couples for decades. Whether a couple is involved in a same-sex or heterosexual relationship a divorce is a very complicated and emotional process. If you are a gay or lesbian couple who is battling in a same-sex divorce it is imperative that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, divorce, dissolution, alimony, 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

Will the New Jersey Marriage Equality Bill Become a Law in 2014?

The year 2013 brought many social changes, one of the most important being the legalization of same-sex marriage through a New Jersey Superior Court judicial ruling, but will the New Jersey Marriage Equality Bill became a law in 2014? In October of 2013, a New Jersey Superior Court judge, the Honorable Mary C. Jacobson, J.S.C., ruled in Garden State Equality v. Dow that prohibiting same-sex marriages in New Jersey violated homosexual individuals' equal protection under both the United States Constitution and the New Jersey State Constitution. Governor Chris Christie withdrew his challenge after the New Jersey Supreme Court refused to grant a stay and indicated that it would uphold the lower court's ruling. Same-sex marriages have been legally conducted in NJ since the end of October 2013, but the Marriage Equality Bill still has not been codified into law. Lawmakers have been unable to agree on all of the issues that are involved with the implementation of marriage equality and therefore the bill that would codify marriage equality into law has not been passed. Please note that this does not mean that gay marriages are not legal in NJ because they are, but the Marriage Equality Bill has not been passed into law. One of the main areas of dissention among lawmakers has been the issue of, if and how, to grant exemptions for churches and the clergy who refuse to perform lesbian, gay, bi-sexual or transgender marriage ceremonies due to their religious beliefs and tenets. Under the current, proposed Marriage Equality Bill, there is an exemption for religious groups to allow them to deny same-sex marriages based upon the First Amendment to the U.S. Constitution. The bill also specifies that religious groups cannot be forced to provide space, services, or privileges related to marriage if LGBT marriage violates their religious beliefs. The legal issues that are involved are very complex and lawmakers will continue to debate the substance and structure of the Marriage Equality Bill in the ensuing weeks and months. At this time, it is difficult to predict whether or not the Marriage Equality Bill will become New Jersey law in 2014. If you are considering entering into a same-sex marriage or if you are contemplating obtaining a same-sex divorce it is critical that you seek out the advice of an experienced attorney before moving forward. For more information about same-sex marriage,divorce, same-sex relationship dissolution, civil union dissolution 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.

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

Status of LGBT Parental Rights

As many more states continue to recognize marriage equality and same-sex marriage, it has become a hot topic across America leading many people to ask - what is the status of LGBT parental rights? There are gay and lesbian parents who were previously in heterosexual marriages but have divorced and are now having a very difficult time securing legal protections that permit them to maintain relationships with their children. Although marriage equality is now recognized in 16 states in America, the laws that govern the right to legally marry are different from the laws that govern parental rights. Therefore, even if a state recognizes marriage equality same-sex parents may not be receiving the same family protections as heterosexual parents. For instance, many states still do not allow LGBT, or more specifically transgender people, from adopting a child. Therefore, if a transgender person engages in a relationship with an individual who has children from a previous relationship, in most states, the transgender person will not be able to adopt the children - even if that person is legally permitted to marry his or her significant other. For transgender individuals this harsh fact prohibits them from realizing the family lifestyle that they so desire. In another example, many transgender men and women are finding that many state laws are creating significant impediments for them to gain visitation rights over their biological children because their status as parents, upon becoming transgender, is compromised by the laws of many states. This, compounds with the fact that many others in society and within their own families may choose to make it difficult for the transgender person to see his or her child, solely based upon the fact that the family disagrees with their choice to change their gender. Over time, the laws across the states will evolve and adapt to social change, this is evident in the fact that more and more states are beginning to recognize marriage equality at an ever-increasing velocity. The statue and protections of transgender parents will most likely follow this trend. If you are an LGBT individual and you anticipate that you will become involved in a child custody and/or parenting time dispute it is critical that you seek out the advice of an experienced family law attorney before moving forward. For more information about child custody, divorce, parenting time, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

NJ Will Recognize Out of State Same-Sex Marriages

In the wake of the NJ Superior Court decision Garden State Equality v. Dow and the legal drama that ensued leading to New Jersey's recognition of same-sex marriage, many gay and lesbian couples have new questions regarding the status of same-sex marriage in this state, including the validity of out of state same-sex marriages. To assuage questions such as this, the NJ Department of Health and Human Services has released a statement to address the this specific issue. In its statement, released earlier this month, the Department of Health confirmed that NJ will recognize and honor the validity of same-sex marriages that were performed and validated in other states that previously recognized same-sex marriages. Therefore, for gay and lesbian couples who may be wondering if they will be required to get re-married in NJ in order for the state to officially recognize their marriages, the question has been answered. Same-sex couples who were legally married in other states do not have to re-marry in New Jersey for the state to recognize their legal union. On the other hand, LGBT couples who were legally joined in a civil union will have to legally "re-marry" in NJ for their marriage to be recognized by the Garden State and federal government to receive the marriage benefits from each. Unfortunately for couples joined in a NJ civil union, the Garden State Equality v. Dow decision did not provide for the automatic conversion of civil unions into marriages. As the weeks and months wane on following New Jersey's recognition of same-sex marriages, the legislature and legal communities will continued to refine and clarify how the laws of the state will evolve and adapt to include same-sex marriage recognition. As more and more same-sex couples apply for marriage licenses in the state, there is no doubt that additional questions will surface that need to be clarified and resolved as New Jersey embraces marriage equality. For more information about same-sex civil union, same-sex relationship dissolution, divorce, adoption, child custody, alimony or other Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Same-Sex Marriage and Adoption - Things to Remember

Now that New Jersey recognizes marriage equality, same-sex couples may decide to adopt children as they build their families, but there are some things that they should keep in mind before doing so. As of October 21, 2013, New Jersey has become the 14th state in the United States to recognize same-sex marriage equality. Gay and lesbian couples throughout the state are enjoying the opportunity to express their love, legally join their lives, and for the first time have the state of New Jersey and the federal government recognize that love as equal to that of opposite sex couples in the eyes of the law. Going forward, many members of the LGBT community are going to thrive and build their families in their pursuit of the American dream. Adopting a child or children may be an integral part of forming new families and achieving that dream. Of course, the adoption of a child and the building of a family are deeply personal decisions for any married couple - same or opposite sex. Unfortunately, for same-sex couples there may be some legal impediments or detriments that couples previously in a civil union or not married may not be aware of and should recognize before they decide to officially become married in this state. First, there are some potential negative tax implications for same-sex married couples looking to adopt as opposed to couples in a civil union. If a gay or lesbian couple decide to marry they will forfeit their right to take advantage of the state adoption tax credit. Further, if married, the couple may also lose the right to some income-based federal benefits. If they are legally married, these income-based federal benefits may be lost if the joint income of both spouses is considered in the determination of eligibility. Similarly, when the adopted child reaches the age when he or she is about to matriculate to college, the married status of the same-sex couple will have implications on filing for federal student financial aid. Although the status of marriage equality across the United States seems to be progressing as, one by one, the states are beginning to recognize same-sex marriage equality, there are still many nations around the world that vehemently oppose the practice. Marriage could seriously diminish a same-sex couple's opportunity to adopt a child from a foreign country that opposes marriage equality. Many nations will refuse to permit the adoption of a child to a gay or lesbian married couple, simply because the nation disagrees with marriage equality. If you are considering entering into a same-sex marriage or are in a same-sex marriage and interested in adopting the child of your spouse or both of you wish to adopt a child together, you should consult with an attorney with the knowledge and experience to give you the help you need. For more information on same-sex civil union, adoption, same-sex relationship dissolution, or other family law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.