Same-sex divorce in New Jersey
Self-serve fits — with the caveats below
For couples married after 2013 with no prior civil union, this is an ordinary uncontested divorce. A civil union that predates the marriage, or property acquired over a long pre-marriage relationship, adds a genuinely legal wrinkle worth one consultation.
Since New Jersey recognized same-sex marriage in 2013, ending one works exactly like ending any other: same grounds, same twelve documents, same fees, same JEDS filing. For most couples, nothing on this page differs from the rest of this site. Two situations deserve their own paragraphs.
Civil unions: dissolve what you actually have
New Jersey civil unions (2007–2013 era) still exist as a legal status and are dissolved through the same Family Part process as a marriage. Couples who entered a civil union and later married have two statuses; the paperwork should account for both. Check which you hold before filing — the complaint has to dissolve the right thing.
The length-of-marriage math
Alimony duration and equitable distribution both care how long a marriage lasted — and for couples who were together for fifteen years but could only legally marry for the last eight, the official math can feel wrong. Courts have some equitable room to consider a pre-marriage partnership (especially a civil union that converted), but it's discretionary and fact-specific. In an amicable divorce you two can simply agree to treat the relationship's full length as the measure — which is one more reason agreeing beats litigating. If you can't agree on it, that's an attorney conversation.
Children with one legal parent
If children were born during the relationship and only one spouse is the legal parent — no second-parent adoption, no parentage judgment — resolve that with counsel before or during the divorce. Custody and support orders rest on legal parentage, and this is a place where getting it informal now creates real problems later.
Clear Parting Docs is not a law firm and this page is general legal information, not legal advice about your situation. For advice you can rely on, talk to a New Jersey attorney — any one you choose.
Quick answers
Is same-sex divorce different in New Jersey?
Procedurally no — same grounds, documents, fees, and filing process since 2013. Differences arise only from history: a prior civil union to dissolve, or a long pre-marriage relationship affecting how the couple wants to measure the marriage's length.
How do we dissolve a New Jersey civil union?
Through the same Family Part process as a divorce. Couples who hold both a civil union and a marriage should ensure the filing dissolves both statuses.
Does time together before marriage count in an NJ divorce?
By default, alimony and property rules run on the marriage's legal dates, with limited equitable discretion. Amicable couples can simply agree to treat the full relationship as the measure — courts routinely incorporate such agreements.
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