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.

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 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.

Lesbian Widow to Receive Death Benefits After Wife Dies While Serving in U.S. Military

Tracy Dice Johnson, a lesbian widow of an Afghanistan war soldier who was killed on duty, announced this week that the Department of Veterans Affairs has completed a review of her case and has determined that she is entitled to death benefits of her same-sex spouse. Tracy Dice Johnson is a member of the National Guard stationed in North Carolina and she has also served her country in Iraq. She married Sgt. Donna Johnson, who was killed in October 2012 when a suicide bomber attacked a checkpoint in Afghanistan. Tracy Johnson has been an advocate for the repeal of the Defense of Marriage Act (DOMA), which had defined marriage as being between a man and a woman in the eyes of the federal government. Under DOMA, Tracy Johnson and other gay and lesbian war widows and widowers were not permitted to receive federal benefits from the government in the event that their spouse was killed on duty. In fact, when her wife was killed, Tracy was not even notified by the military, even though she was listed as Donna Johnson's "next of kin," because the military did not recognize her marriage as a valid marriage. As such, Donna's mother was first notified about her daughter's passing. In June of 2013, the United States Supreme Court struck down DOMA in United States v. Windsor, 570 U.S. 12 (2013). Since DOMA was overturned, the federal government and the military will now recognize same-sex marriages as being equal to those of heterosexual marriages and therefore gay and lesbian widows and widowers will not receive death benefits and all other benefits that were previously only available to heterosexual married couples serving in the military. Tracy Dice Johnson's benefits will be retroactive to the date that her wife was killed on duty - even though her untimely death occurred before the Supreme Court struck down DOMA. This is a significant event in the progression of same-sex marriages across the country and reflects a giant victory for those who support marriage equality. 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, postnuptial agreements, prenuptial agreements 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.

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 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.

Party's Non-Appearance at Divorce Hearing Impacts Equitable Distribution

In Clementi v. Clementi, the a New Jersey Superior Court addressed the issue of how a Defendant's failure to appear at a default divorce hearing impacted the Plaintiff's burden of proof concerning the couples' equitable distribution process. The parties were married in 1973 and remained married for almost forty years. Their marriage did not yield any children. The parties' main source of employment for the majority of their marriage was a jointly operated store. In 2013, the Plaintiff filed for a divorce from the Defendant based upon irreconcilable differences and sought alimony and the equitable distribution of their marital assets and debts. The Defendant was properly served with the Plaintiff's Complaint for Divorce but he failed to file a response to the pleading within the time period required by the NJ Court Rules. In June of 2013, the Plaintiff filed a motion with the Family Court requesting that a default divorce judgment be entered against the Defendant. The Defendant failed to file a motion to vacate the default and continued to be a non-participant in the divorce proceedings. In July of 2013, the Plaintiff served the Defendant with a Notice of Proposed Final Judgment and her Case Information Statement, as required by N.J.C.R. 5:5-10. A default divorce hearing was held in August of 2013 and the Defendant failed to appear. The Court held that when a Defendant fails to appear and participate in a divorce proceeding, a Plaintiff is not automatically entitled to a default judgment that awards all of the requests made to the court for equitable distribution. In this situation, the Plaintiff has a persistent obligation to persuade the court, by a preponderance of the evidence, that the requests for equitable distribution are fair and equitable based upon the facts. Further, the court found that a Defendant's failure to offer an objection to the Plaintiff's requested equitable distribution in a notice of final judgment is not always the same as an express written consent to those terms and requests. Therefore, the lack of response cannot be the only basis that the court uses to determine whether the Plaintiff's proposed equitable distribution is fair. Finally, the court decided that the value of a marital debt or asset, relative to the remaining marital estate is a significant factor in determining whether a non-participating party loses all interest in a particular asset. The equitable distribution of assets and debts can dramatically affect the lifestyle of each party following the divorce. The process becomes more difficult if one party fails to participate. If you are involved in a battle over the division of marital property, assets, or debts it is extremely important that you seek out the advice of an experienced attorney before moving forward. For more information about equitable distribution, divorce, spousal support 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.

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

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

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.

Does Ex-Spouse Cohabitation With New Paramour End Alimony?

In the state of New Jersey, may people believe that if they have been divorced in the state and now have an alimony obligation, that obligation will cease if their ex-spouse begins to cohabitate with a new significant other. Some may find it very surprising that this is not necessarily the case. A person may have to prove much more than the fact that their ex-spouse is living with a new significant other to terminate an alimony obligation. Under the laws of New Jersey, a party who wishes to terminate his or her alimony obligation must prove that their ex-spouse is first engaged in an intimate and enduring relationship with a new person. This party must also prove that the ex-spouse and his or her new paramour have engaged in duties and privileges that are commonly associated with marriage, which includes - living together, commingling of finances, sharing living expenses, and the recognition of the relationship among the new couple's family and friends. Beyond this, a person must show that his or her ex-spouse has economically benefited from the cohabitation with the new significant other. Even if a party is able to prove all of the aforementioned elements, the court may only reduce the alimony obligation instead of terminating it altogether. In order to be in the best position to receive some relief from the court, a party should be prepared to demonstrate that the ex-spouse's significant other either supports them or lives with them without contributing support. In order to prove this, a party will have to present to the court a comprehensive overview of the financial arrangements of all of the other parties involved, which could prove to be a difficult and expensive endeavor. If you are facing a spouse's efforts at alimony reduction or seeking to reduce or modify alimony you should obtain an experienced family law attorney to advise you of the likelihood of success in your matter and guide you through the process. For more information about alimony or spousal support in New Jersey it is advised that you consult with an attorney with experience in this area of the law. For more information on alimony/spousal support, contested divorce, high net-worth divorce 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 Begins In NJ, Are Civil Unions A Thing Of The Past?

Yesterday, October 21, 2013, gay and lesbian couples in communities throughout New Jersey received hope that Civil Unions may be a thing of the past and as marriage ceremonies and celebrations began at sunrise. These couples believe it is likely that, going forward, same-sex civil unions will no longer be the lesser option available to members of the LGBT community who wish to express their love for their partners with the same rights and protections afforded heterosexual couples. Many same-sex couples throughout the state rushed to be among the first to effectuate their marriages after a New Jersey Superior Court Judge's ruling effectively allowed New Jersey to join the 13 other states that recognize gay and lesbian marriages. Going into the weekend, many of these couples did not even know if their ceremonies would take place as the New Jersey Supreme Court unanimously rejected Governor Christie's request to push back the date for the implementation of the same-sex weddings. The governor requested that the New Jersey Supreme Court overturn the trial court's ruling, effectively delaying same-sex weddings, until an appeal could be heard on the issue. Although the Supreme Court agreed to hear the appeal in January 2014, it rejected the request to overturn the lower court's ruling. On Monday, October 21, 2013, Governor Christie announced that he is dropping his appeal to overturn the lower court's decision. The governor stated that he decided to drop the appeal because the Justices of the New Jersey Supreme Court have made it clear they would rule in favor of gay marriage in January if they were to hear the case. Therefore, as of yesterday New Jersey became the 14th state in the United States of America to recognize same-sex marriage. Is this really the end of the battle? Time will tell. In the meantime, LGBT couples will still have the option to engage in civil unions as a means to legally validate their love. Couples are not required to engage in a marriage ceremony under the recent developments within the state. Civil Unions will continue to offer same-sex couples an option to legally join their lives. Whether they will have to be ratified later in order to receive the full protections enjoyed by married couples is unknown. If you have questions regarding the protections afforded by civil unions in New Jersey it is important for you to consult with an attorney with experience in this area of the law. For more information about same-sex civil union, 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.

Relocating With Your Child After Divorce

People often find need or reason to move after divorce whether it is for better employment opportunity, a new marriage, better schools or a host of other reasons but when there are minor children involved the court becomes involved in the removal of children from New Jersey. Over time, as our society has become more mobile, the courts have modified the requirements for removal of a child from New Jersey by the custodial parent. Recently, in Benjamin v. Benjamin, the court held the custodial parent no longer has to have a job in the new location but simply "a reasonable plan for providing a stable home" for the child in North Carolina. Although the parties actually shared custody of the child, the mother was designated the parent of primary residence of the child. The court decided that employability rather than employment should be considered because parents cannot always secure a job until they are living in the intended locale when there is already a large pool of candidates seeking employment in most areas. Upon a showing of a good faith intent for the move, a plan to purchase a home for the family and proof of employment opportunities in the area the Judge granted permission for the mother to relocate to North Carolina with the child over the objection of the non-custodial father. If you are seeking or fighting the removal of your child from the state of NJ, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family or juvenile 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.

New Pre-Nup Law in NJ

A new law signed by Governor Chris Christie last Thursday, the twenty eighth of June, will have a potential everlasting effect on the use of prenuptial agreements throughout the state of New Jersey. The newly signed bill, S-2151, requires that judges are to determine the conscionability as of the signing date, meaning that both parties are held to those terms as of that date, rather than the date of enforcement. The exceptions that would make the agreement unconscionable at the time are determined by whether both parties received full disclosure of assets or were without council at the time of the agreement. The new bill has many attorneys questioning whether this might be the end of the high use of a prenuptial agreements before couples marry. Previously each partner had an opportunity to amend the agreement after it had been signed due to a change in his or her financial circumstances. Couples may be unwilling to sign prenuptial agreements as decisions such as having children or a change in career could have an incredible effect on the outcome of their divorce settlement if they were to decide to dissolve their marriage. Many matrimonial attorneys are anticipating a potential rise in post-nuptial agreements, as they would be allowed to redraft marital contracts every few years to account for possible circumstantial changes in their lives. The new law could have adverse effects on both the wealthier as well as the non-moneyed spouse. The non-moneyed spouses could do potential harm to their finances if the agreement did not impact their compensation if they were to dissolve their marriage. The wealthier spouse however could potentially lose assets if agreed upon so in the prenuptial to protect their pension or for a waiver of alimony payments. With the drastic effect these changes could have on the use of prenuptial agreements attorneys are waiting to see the backlash from the recent law and the potential effect it could have on their practices. In today's world, where divorce is more the rule than the exception, you should be aware of your exposure in the event things do not work out. If you see a need for a pre-nuptial agreement or want to make sure the one you have is still effective as laws change, you should consult with an experienced NJ family lawyer. For more information about pre-nuptial agreements, post-nuptial agreements, palimony agreements, cohabitation agreements, child custody, visitation, divorce, child support or any other type of family law matter in New Jersey please visit HeatherDarlingLawyer.com. This blog is for informational purposes only. It is not intended to replace the advice of an attorney regarding your specific matter.

Religion and Education Decisions To Be made By Both Parents Regardless Of Custody

In all custody and parenting matters, the best interests of the child are to be considered ahead of all by the court. The best interests of the child also must prevail when the court is forced to decide disputes relating to major decisions in the child's life such as medical, educational or religious matters. In the recent case of Phillips v. Emerson, the parents were born and raised under different religions but neither practiced their religion during the marriage. When the parties divorced, Phillips was named the parent of primary residence and Emerson was named the parent of alternate residence. Phillips later remarried and began to participate more in religious activities with her new husband. Approximately 10 years after the parties' divorce, Phillips enrolled the parties' child in Catholic school without discussion with or consent from Emerson. Emerson raised issue with the court on the basis that the enrollment in Catholic school was intended solely as a means to further distance him from the parties' daughter due to his Jewish upbringing. The NJ Appellate Division held that a plenary hearing was required to determine what was in the best interests of the child and that neither party should unilaterally make a decision of such import. If you are seeking or fighting a change in custody, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family or juvenile 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.

Does Leaving Marital Home Before A Divorce Affect Property Rights?

Many individuals facing divorce are afraid to leave the marital home prior to the finalization of a divorce because they believe they may lose their rights to the equity in the property. While in New Jersey a party seeking a divorce may plead under the no-fault claim of irreconcilable differences, a party in a divorce has the right to plead willful desertion (abandonment) if it is continuous for a minimum of twelve months. This claim may be proven by proof that the parties ceased to cohabit as man and wife in a marriage or partners in a civil union. N.J.Stat. 2A:34-2(b). How can this affect the outcome of your divorce? In New Jersey the division of property is determined by considering fifteen specific factors plus an additional catchall factor of anything that the court may deem relevant under N.J.Stat. 2A:34-23.1. Equitable Distribution of property between spouses is not determined based upon fault of a party. Leaving one's home prior to a divorce or during a divorce for even the shortest amount of time may affect other issues such as custody. If an individual leaves the marital home and stops contributing to the monthly marital expenses such as a mortgage and home equity their share of the equity in the property may be affected. For more information equitable distribution, custody, alimony, child support, divorce, dissolution 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. Contributed by Tracy Luciano

Proposition 8 in the U.S. Supreme Court

After the first day of the United States Supreme Court hearings relating to same-sex marriage, as they considered California's Proposition 8 ban on same-sex marriage, little is known about what the Supreme Court will decide. In fact, from Justice Kennedy's comments, whether the Supreme Court will decide the question of Proposition 8 at all is on the minds of those following this issue which will make so much difference for so many. Yesterday's comments by Justice Kennedy regarding the Court's need to tread lightly when entering "uncharted waters" and that reference to the destination in the court's decision being "a cliff" left some believing that the U.S. Supreme Court may dismiss Proposition 8 and leave the issue of gay marriage to the states for at least another year. If the Supreme Court dismisses the matter of Proposition 8, only California would be affected. Gay and lesbian marriages in California could proceed but the issue of same-sex marriage in other states would not be impacted. The statements of the Justices will now weigh on the minds of many until June when the decision is expected. Today the Supreme Court will hear arguments as to whether the 1996 federal Defense of Marriage Act (DOMA) should be struck down. DOMA denies federal benefits to married gay and lesbian couples even in states where same sex marriage is recognized and accompanied by the benefits thereof. As of now, 30 states have constitutional amendments which prohibit same-sex marriage and there are only 9 states which recognize same-sex marriage. For more information on civil union, marriage, domestic partnership, pre-nuptial agreements, post-nuptial agreements, palimony agreements, dissolution, divorce, child support, custody, parenting time/visitation, adoption, 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.