At Ross & Calandrillo, LLC, we are proud to provide thoughtful, compassionate, and experienced legal guidance to LGBTQ individuals and families in Union County, New Jersey. Our LGBTQ family lawyers are committed to protecting your rights, advocating for your family’s best interests, and helping you achieve the stability and security you deserve. Whether you are seeking assistance with divorce, adoption, name and gender marker changes, or other sensitive matters, we are here to help. Contact Ross & Calandrillo, LLC for your initial consultation today.
Divorce and Custody Issues for LGBTQ Couples in New Jersey
In New Jersey, LGBTQ couples have the same legal rights as heterosexual couples when it comes to marriage and divorce, but that does not mean the process always unfolds in the same way. Many LGBTQ clients have questions about how their specific family structure may impact custody, parenting time, and the division of property.
For instance, if only one spouse is the legal or biological parent of a child, issues surrounding custody can become complex, even in cases where both spouses have acted as parents since birth. At Ross & Calandrillo, LLC, we help clients navigate these challenges with clarity and care.
It is important to understand that New Jersey courts focus on the best interests of the child when making custody decisions, and the law does not discriminate based on sexual orientation or gender identity. However, if there are gaps in legal documentation, such as second-parent adoptions that were never formalized, custody battles can become unnecessarily complicated.
Our LGBTQ family lawyers can assist with securing parental rights and ensuring that your role in your child’s life is protected during divorce proceedings. In addition to custody, we address the equitable distribution of marital property, alimony, and other financial considerations, always tailoring our approach to the unique circumstances of your family.
Name Changes and Gender Marker Corrections in Union County
One of the most personal and affirming steps for many transgender and non-binary individuals is updating their legal name and gender marker to reflect their identity. In New Jersey, the process is more accessible than it once was, but it still involves several legal steps that can feel confusing or intimidating without guidance.
At Ross & Calandrillo, LLC, we assist clients through the entire process, ensuring that paperwork is filed correctly and that court appearances, if necessary, go smoothly.
For adults seeking a name change, the process generally involves filing a verified complaint with the Superior Court, publishing the change in a newspaper (although this requirement may be waived in cases where publication could endanger the individual), and attending a hearing where the judge reviews and approves the request. Minors can also seek a legal name change, but additional considerations apply, particularly if one parent does not consent.
Gender marker changes on documents such as birth certificates, driver’s licenses, and passports are also available without the need for proof of surgery in New Jersey. However, each type of document has its own requirements and forms. For example, the New Jersey Motor Vehicle Commission allows individuals to select “M,” “F,” or “X” on their driver’s license or ID card by submitting a self-attestation form. We help clients coordinate these updates so that their identity documents are consistent, which can help reduce difficulties in everything from employment to travel to healthcare.
Unique Family Law Challenges for LGBTQ Individuals and Couples
While progress has been made, LGBTQ individuals and families often encounter legal challenges that require thoughtful solutions. One area where this is especially true is in assisted reproduction and surrogacy. LGBTQ couples may build their families through sperm or egg donation, in vitro fertilization, or surrogacy arrangements, and each of these paths comes with legal considerations. For example, securing a clear legal relationship between the child and both parents often involves completing confirmatory adoptions or parentage judgments, even when both parents’ names are listed on the birth certificate. At Ross & Calandrillo, LLC, our family law attorneys guide clients through these procedures to ensure that parental rights are secure and protected from any future disputes.
Another area of concern is domestic partnership and civil union dissolution. Although marriage equality is now the law of the land, some couples who entered civil unions or domestic partnerships before marriage became legal have not formally ended those earlier legal relationships. If you were part of a civil union or domestic partnership and you are now seeking a divorce or dissolution, it is crucial to address both relationships to avoid complications down the line.
LGBTQ clients also frequently have questions about estate planning and healthcare decision-making. Family law often intersects with these areas, especially when people want to ensure that their partners and children are legally protected in the event of incapacity or death. We can help you draft wills, powers of attorney, and healthcare proxies that reflect your wishes and provide peace of mind for you and your loved ones.
Contact Our Mountainside LGBTQ Family Lawyers
At Ross & Calandrillo, LLC, we recognize that no two families are exactly alike, and no two clients have the same concerns. That is why we take the time to listen, to understand your goals, and to offer practical, compassionate solutions designed for your unique situation. If you are looking for a Union County LGBTQ family lawyer who will advocate for you at every step, contact us today to schedule a consultation.
