Same-Sex Marriage

On September 27, 2013, Mercer County Superior Court Judge Mary Jacobson ruled that same-sex couples should be permitted to marry in New Jersey. Judge Jacobson emphasized the constitutional implications of denying same-sex couples the right to marry finding that, “Same-sex couples must be allowed to marry in order to obtain equal protection of the law under the New Jersey Constitution.” Although Governor Chris Christie’s administration appealed the decision, the challenge to gay marriage was dropped by the administration in October, 2013. Same-sex marriage became effective in New Jersey as of October 21, 2013. Since that time, same-sex couples in New Jersey have been able to obtain a formal marriage and enjoy all of the same rights and responsibilities extended to heterosexual married couples. Although not every state has followed suit, Judge Jacobson’s decision brought total marriage equality to New Jersey.

Adinolfi, Roberto, Burick & Molotsky, P.A. family law attorneys can also develop, prepare, and implement comprehensive agreements regarding same-sex marriages. Like a prenuptial or post-nuptial agreement for married couples, same-sex relationship agreements can cover a wide array of issues including, but not limited to, child custody and parenting time, child support, spousal support, equitable distribution, tax issues and other financial obligations. Certain issues are unique to same-sex relationships, namely, stepparent adoptions and the impact on civil union partners who decide to move out of New Jersey to another state where civil unions may not be recognized legally. By preparing an agreement addressing these issues in advance of registration, our attorneys help clients avoid costly litigation upon the dissolution of the relationship.