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.

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 Marriages Are Flourishing In NJ- Are Divorces To Follow?

Currently, the statistics indicate that same-sex marriages are flourishing in New Jersey, does this mean that some of these couples will inevitably be heading for a divorce at some point? Matrimonial data and common sense seem to insinuate so. Same-sex marriage became legal in the state of New Jersey on October 21, 2013 following the decision of Garden State Equality v. Dow, N.J. 216, 314 (2013). Since that date, over 2,955 homosexual couples were legally wed in the Garden State. During this same period of time 43,619 heterosexual couples were married which means that for this period of time one out of every fifteen (15) marriages that were conducted in New Jersey was a same-sex marriage. These numbers roughly translate to about 500 homosexual marriages a month or 150 every weekend. Professionals have stated that these number comport with what estimates were projected to be and the data is on par with what happened in other states as gay and lesbian couples gained the right to marry. Currently approximately 4% of the 8.8 million New Jersey residence identify themselves as being homosexual. Researchers predict that the number of same-sex marriages will continue to steadily increase as the summer months commence and as autumn approaches - as these two seasons are the most popular for weddings. A study conducted by the Pew Research Center reflects that about 71,165 gay and lesbian couples have been legally married in the United states with at least 12,285 being married in the state of New York. In New Jersey, Monmouth County has seen the most same-sex weddings since October 2013 with 324; Camden County had 298; and Essex County had 258. As gay and lesbian couples continue to exercise their right to marry they will experience many family law issues that perhaps they did not encounter before such as step-parent adoption of children, tax benefit issues, or estate planning considerations. The unfortunate consequence of many legal marriages -whether they be heterosexual marriages or homosexual marriages - is the possibility of a relationship dissolution and divorce. As the number of same-sex marriages increase it is inevitable that a significant percentage of these marriages may end in a divorce. In the event of a divorce, gay and lesbian couples need to be prepared to deal with the issues that heterosexual divorcing couples have experienced for many years such as - equitable distribution of assets, alimony, child support, child custody and visitation, just to name a few. 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 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 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.

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

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