Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In New Jersey, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and processes for divorce as opposite-sex couples. This means that the legal procedures for dissolving a marriage, dividing assets, determining alimony, and addressing other related matters are consistent regardless of the gender of the spouses. However, same-sex couples may face additional challenges, particularly concerning child custody. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent, the non-biological parent may need to have legally adopted the child to secure parental rights. If the biological father of the child did not relinquish his parental rights and later seeks custody, this could complicate the situation. In such cases, the court will consider the best interests of the child, which may include the relationship the child has with the non-biological parent, the intent of the spouses at the time of conception, and the legal presumptions regarding the child's parentage during the marriage.