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Dow, the trial court ruled that New Jersey’s laws banning same-sex marriage violated same-sex couples’ rights under the New Jersey Constitution. In the seminal case of Garden State Equality v. New Jersey Approves Same-Sex MarriageĮverything in New Jersey changed in October 2013. These are more difficult to prove and litigate than irreconcilable differences, which are much simpler in comparison. If a person wanted to terminate a civil union, they would have had to prove other specific acts of the other party, such as desertion, extreme cruelty, or infidelity, as irreconcilable differences were not acceptable legal grounds for termination. Prior to 2013, same-sex couples in New Jersey could only enter into civil unions. In 2007, same-sex couples could not enjoy marriage rights like heterosexual couples and they were also limited in the means they could terminate their partnerships. In 2007, New Jersey allowed marriages to be terminated on the legal grounds of irreconcilable differences, creating another legal rights gap between heterosexual couples and same-sex couples. Irreconcilable Differences as Grounds for Dissolution This process, however, was not without several legal hurdles and struggles in the LGBTQ community. In a relatively short amount of time, same-sex couples have been granted the same rights as heterosexual couples for both marriages and divorces. Over the last decade, New Jersey law has developed significantly in the area of same-sex marriages.
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