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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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I got married in Canada in 2003; Same sex marriage in Toronto.

Resolved Question:

I got married in Canada in 2003; Same sex marriage in Toronto. I have already asked this question to canadian lawyers they have given me an answer. Wasnt satisfied;they are telling me I need to consult with a jersey divorce lawyer so I can find out what I have to do in order to get a divorce from this woman. I want to know what actions and efforts should I take to resolve this same sex marriage. I reside in New Jersey and she reside in New York!
Submitted: 8 years ago.
Category: Family Law
Expert:  Lady Themis replied 8 years ago.

Thank you for your question.


As of February 2009, New Jersey permits the divorce of same sex marriages, even if the marriage originiates in Canada. This law came out of a New Jersey Superior Court decision. You must have been a resident of New Jersey for one year preceding the filing of the divorce. If you want to allege that the divorce is due to adultery, you can filie for divorce immediately upon becoming a resident of New Jersey. It doesn't matter that your spouse is a resident of New York as long as you are able to serve her with the divorce papers. Since you have no joint assets or property, your divorce should be rather simple.


Below is a link to the New Jersey Bar's Self Help Guide to Divorce in New Jersey, which will tell you exactly what steps you need to take and forms you need to file:


The forms can be obtained from your local Superior Court. Best of luck to you.

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