Do you have questions about civil unions vs. domestic partnerships in New Jersey? Check out this article for guidance, then call us for help.
A domestic partnership is a legal term given to an interpersonal relationship between two individuals who share a common domestic life, but are not joined by marriage or civil union. In 2004 the New Jersey Legislature enacted the Domestic Partnership Act, which made domestic partnerships available for all same-sex couples as well as different-sex couples age 62 and older. While the act provided same-sex couples limited property, inheritance, and healthcare rights, it didn’t come close to providing them the rights afforded to married different-sex couples.
Following the 2006 New Jersey Supreme Court ruling in Lewis v. Harris, in which the court stated the State would no longer tolerate unequal rights for same-sex couples; the New Jersey legislature enacted laws allowing for civil unions. By the beginning of 2007 the Civil Union Act was in place to provide same-sex couples the rights granted to married couples under New Jersey state law. However, under the provisions of the federal Defense of Marriage Act (DOMA), same-sex couples in domestic partnerships or civil unions recognized by New Jersey still did not have access to over one thousand federal rights that married different-sex couple had.
Most recently, the landmark Supreme Court decision in US v. Windsor, which declared a portion of DOMA unconstitutional, has given new life to a 2011 case Garden State Equality v. Dow, in which seven same-sex couples and several of their children are arguing that New Jersey’s civil unions do not provide the same rights as marriage. A hearing is scheduled for August 15, 2013.
Under the current civil union law, same-sex couples who are in a domestic partnership and do not enter into a civil union are allowed to remain in the domestic partnership. However, when a same-sex couple receives a civil union, their domestic partnership is automatically terminated, and only partners 62 and older can enter into new domestic partnerships, regardless of whether they are different or same-sex couples.
Whether you would like to enter into a civil union or are ending a legal same-sex relationship, the law offices of Freeman Hughes Freeman, LLC can help. We know this can be a confusing area of the law, which is why the law offices of Freeman Hughes Freeman, LLC take an unintimidating personal approach to every case. Brian and Tanya, the husband and wife team that lead our firm, ensure that every client is informed about their legal rights and cases every step of the way. We have a caring staff with bilingual paralegals that are dedicated to taking care of you and your family’s needs. Please contact Freeman Hughes Freeman, LLC at (201) 222-7765 or click here to schedule a free consultation. For your convenience, we accept credit cards and offer evening and weekend appointments.