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Is Divorce Law Keeping Up with Same-Sex Marriage?

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Is Divorce Law Keeping Up with Same-Sex Marriage?

In New Jersey, same-sex marriage has been legal for nearly a year – the state’s first gay and lesbian couples said, “I do” on Oct. 21, 2013. While wedding bells keep ringing in New Jersey, the divorce law hasn’t been keeping up with the times.

Couples from the 20 states that still ban gay marriage can, and do, travel to states where the practice is legal in order to be married. Couples routinely head to New Jersey to tie the knot. However, if things go sour down the line, those couples may find it is far more difficult to end their marriage.

Most states that don’t recognize gay marriage don’t recognize gay divorce, either. Those wishing to get divorced may want to come back to New Jersey to do so. What makes this difficult for gay couples who’ve travelled into the state to get married is New Jersey’s residency requirement.

Under state law, one or both spouses must be a “bona fide resident” of the state. If you’re getting divorced for any reason other than adultery, that residency must have been established at least one full year before the divorce action was filed.

If you’re unsure whether you meet a residency requirement or have any other family law-related questions, an experienced attorney can help. Contact the offices of Posternock Apell, PC today to discuss the specifics of your case and get sound, helpful legal advice.

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Posternock Apell, PC attorneys have received recognition from various groups and publications. Specific awards are noted on our attorney bios. More information about each of these awards and the methodology used for selection can be found on the following links. Super Lawyers, Awesome Attorneys. No aspect of these accolades has been approved by the Supreme Court of New Jersey.

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