If you have turned to the news in the past few weeks, you
have undoubtedly seen news reports about the United States Supreme Court’s
decision on June 26th, 2015 to legalize same-sex marriage across the
nation. Some people were rejoicing while waving rainbow-colored flags and
others were shaking their heads in opposition. Despite all of the media attention
and controversy surrounding the historic ruling, not too many people are paying
attention to how the decision might affect other areas of the law as well.
Changes Coming to Divorce and Family Law
Other than being granted the right to marriage, same-sex couples
in all states were also given the right to file for divorce in all states.
Before this happened, same-sex spouses that were married in a state that
allowed their union, such as California, could not get divorced if they then
moved to a state that did not, such as Kansas. People were feeling trapped in
marriages that they desperately wanted to end but could not without having to
pack up their lives and move again. Now, for better or for worse, that has
changed and same-sex couples can easily divorce.
Other portions of family law need to be addressed as well in
wake of the Supreme Court’s ruling. When a couple is going through a divorce or
separation, if they have any kids, the first thing that comes up is child
custody and child support payments. In the past, there always seemed to be bias
toward the mothers in the relationship. When it is a same-sex couple splitting
up who share children together, the question ultimately arises: who should be
given custodial benefits? Should anyone at all? Lawmakers will have to analyze
how we see divorce and family law as a whole now if they want to settle these
new concerns.
Making Sense of the Recent Supreme Court Ruling
All of the changes are coming pretty quickly, and it is
understandable for some people to not know how to react. If you are in a
same-sex relationship in New Jersey and think this landmark decision might
affect some legal matters in your life, be sure to contact me, Middlesex County
Divorce Attorney Ryan E. Gilbert today. I can put my 15+ years of legal
experience to good use when you come to me for help.