Marriage represents a legal contract between two partners that grants special rights and responsibilities. As a result, there are times when legal counsel is required and the experience family law attorney’s at Adinolfi, Lieberman, Burick, Roberto & Molotsky, P.A. are well positioned and skilled to assist you in your marriage law matter.
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On June 26, 2015, same-sex marriage became legal in every state when the United States Supreme Court decided Obergefell v. Hodges. In Obergefell, the Court held that the right to marry is a fundamental right guaranteed to every American under the due process and equal protection clauses of the Fourteenth Amendment. Accordingly, same sex couples are afforded the same rights as a heterosexual couple are in the context of a divorce.
Civil Unions still exist in New Jersey, so couples wishing to establish a civil union must be of the same sex, be at least 18 years of age or have parental consent if younger. Civil Union Couples are not federally recognized but they receive legal benefits and protections and are subject to legal responsibilities under New Jersey law as married couples. Those who seek to dissolve their civil union must be aware of the differences in their rights versus those who are seeking to divorce a marriage.
The Domestic Partnership Act affords same-sex partners and opposite sex partners (age 62 or older), or younger couples who registered before the law was revised in February, 2007, some of the same rights and responsibilities enjoyed by married couples. Although not recognized at the federal level, domestic partnerships offer couples who are not married or in a civil union some of the same state tax benefits, property rights, retirement and healthcare benefits, and rights of inheritance.
A prenuptial agreement, also known as a pre-marital agreement or ante-nuptial agreement, is a contract made between prospective spouses in contemplation of marriage, which becomes effective upon marriage. The general purpose is to protect each parties rights in the event of a future dissolution of the marriage by defining the income and property of each spouse prior to entry of the marriage and defining the rights and financial obligations, as well as property distribution, between the parties in the event of a divorce.
Palimony is court awarded financial support from one person to another when a long-term, non-marital relationship ends. It is generally given to a person who did not work during the relationship and depended financially on the other person, relying on express or implied promises that his or her significant other would support him or her financially for the rest of their lives. In 2010, the New Jersey legislature amended its statute of frauds. Now, a couple must have a written agreement, that agreement must be signed by the person promising to support the other, and both people must get independent advice from an attorney about the agreement.
Women are most frequently faced with the decision to resume their birth name or a prior last name at the conclusion of their divorce. Provided that the decision is motivated by purely personal reasons and not to avoid creditors or criminal prosecution you will be permitted to change your last name. Name changes can also occur outside the context of a divorce. The same criteria for the name change is required along with a Court order.
Please review our firms’ credentials and experience. We would be happy to schedule an initial consultation to determine how we can best serve you in your marriage law matter.