8000 Midlantic Drive, Suite 200N, Mount Laurel, NJ 08054 $ Make a Payment

Same-Sex Marriage

Home Practice Areas Marriage Law Same-Sex Marriage

Same-Sex Marriage & LGBTQ+ Family Law in New Jersey

The attorneys at Adinolfi, Roberto & Burick, P.A. provide comprehensive family law services to LGBTQ+ individuals and couples throughout South Jersey — from marriage and prenuptial agreements to civil unions, divorce and dissolution, and adoption and parentage matters. We counsel clients before they formalize a relationship and advise them on their rights, their options, and the consequences of their decisions, because an informed client is best equipped to make choices in his or her own best interest. Our attorneys provide personal service, prompt communication, and confidential handling of all inquiries.

Same-Sex Marriage in New Jersey

Same-sex couples have had the right to marry in New Jersey since October 21, 2013, when the Superior Court ruled in Garden State Equality v. Dow that “same-sex couples must be allowed to marry in order to obtain equal protection of the law under the New Jersey Constitution.” In 2015, the U.S. Supreme Court’s decision in Obergefell v. Hodges extended marriage equality nationwide.

New Jersey has since gone further to protect married same-sex couples. On January 10, 2022, the Legislature codified marriage equality into New Jersey statute, directing that all laws concerning marriage and civil unions be read with gender-neutral intent. This means the right to marry in New Jersey is protected by state law and does not depend on any federal court ruling. In December 2022, the federal Respect for Marriage Act added another layer of protection, requiring every state and the federal government to recognize valid same-sex marriages.

Married same-sex couples in New Jersey enjoy every right and responsibility of marriage — including equitable distribution of property, spousal support, inheritance rights, health insurance and pension benefits, and the tax treatment afforded to all married couples.

Prenuptial Agreements & Relationship Planning for LGBTQ+ Couples

Our family law attorneys develop, prepare, and implement comprehensive prenuptial and postnuptial agreements for same-sex couples. These agreements can address child custody and parenting time, child support, spousal support, equitable distribution, tax issues, and other financial obligations. Some issues call for particular care in LGBTQ+ relationships — for example, securing each parent’s legal relationship to a child through stepparent or confirmatory adoption, and planning for how a civil union or an out-of-state relationship status will be treated if you relocate. Addressing these questions in advance helps clients avoid costly litigation if the relationship ends.

Marriage Equality in NJ: Key Dates

2007
NJ Civil Union Act takes effect, extending marriage-like rights to same-sex couples.

October 21, 2013
Same-sex marriage becomes legal in New Jersey (Garden State Equality v. Dow).

June 26, 2015
Obergefell v. Hodges brings marriage equality nationwide.

January 10, 2022
New Jersey codifies marriage equality into state statute — protected regardless of future federal rulings.

December 13, 2022
Federal Respect for Marriage Act requires all states to recognize valid same-sex marriages.

Bottom line: your marriage is protected by New Jersey law.

For a detailed discussion of marriage, civil unions, and relationship agreements for same-sex couples in New Jersey, contact our law offices in Mount Laurel, New Jersey, for a consultation with an experienced family law attorney.

Call 856-428-8334

Civil Unions in New Jersey

The New Jersey Civil Union Act, N.J.S.A. 37:1-28 et seq., took effect in February 2007 and remains law today. Civil unions were not automatically converted to marriages when marriage equality arrived in 2013 — if you entered a civil union and never married, you are still in a civil union, and New Jersey continues to recognize and issue civil union licenses.
Civil union partners receive marriage-like rights under state law, including inheritance rights, family leave benefits, state and local tax benefits, health insurance and pension rights, spousal privilege in court, wrongful death and workers’ compensation rights, and shared liability for a partner’s debts. Because a civil union is a creature of state law, however, it is not treated as a marriage for federal purposes, and some states may not recognize it — important considerations for couples who travel or plan to relocate. Many civil union couples choose to marry for that reason; marrying your civil union partner is straightforward, and our attorneys can advise whether it makes sense in your situation.
To enter a civil union in New Jersey, a couple must:

Not be a party to another civil union, domestic partnership, or marriage recognized by this state
Both be at least 18 years of age (New Jersey prohibits marriage and civil unions for anyone under 18, with no exceptions)

Dissolving a civil union follows essentially the same court process as a divorce, including equitable distribution, support, and custody determinations. Our attorneys handle civil union dissolutions throughout South Jersey.

Same-Sex Divorce & Civil Union Dissolution

Same-sex divorce in New Jersey follows the same law as any other divorce — grounds, equitable distribution, alimony, child custody, and child support all apply equally. But LGBTQ+ divorces can raise distinctive issues our attorneys know well: how to treat assets acquired during a long pre-marriage relationship when legal marriage wasn’t yet available; untangling a couple who entered a civil union and later married; and custody or parenting-time questions where one parent lacks a formal legal tie to the child. If you are facing the end of a marriage, civil union, or domestic partnership, our divorce and separation attorneys can protect your rights at every step.

Frequently Asked Questions

Is same-sex marriage still legal in New Jersey in 2026?

Yes. Same-sex marriage has been legal in New Jersey since 2013 and was codified into state statute in January 2022, so the right to marry in New Jersey is protected by state law regardless of any future federal court decisions. The federal Respect for Marriage Act also requires every state to recognize valid same-sex marriages.

Do civil unions still exist in New Jersey?

Yes. New Jersey continues to recognize and issue civil unions. Existing civil unions were never automatically converted to marriages — couples who wish to marry must obtain a marriage license.

Should my partner and I convert our civil union to a marriage?

Often, yes — marriage carries full federal recognition and portability to other states that a civil union may not. But the right answer depends on your finances, benefits, and estate plans. We recommend a consultation before making the change.

How do same-sex couples protect parental rights in New Jersey?

Even when both parents are named on a birth certificate, a stepparent or confirmatory adoption (or a parentage judgment) is the strongest protection, because court judgments must be recognized by every state. Our attorneys regularly handle stepparent adoptions for LGBTQ+ families.