Domestic Partnership And Civil Unions New Jersey
Why You May Need a New Jersey Domestic Partnership and Civil Union Lawyer
Domestic Partnership is still a valuable protective law, and still exists in New Jersey (even in the age of the landmark case Obergefell v. Hodges, in which the United States Supreme Court recognized the legal right of same-sex marriage in all 50 states). If you’re interested in obtaining a domestic partnership, you’ll need a New Jersey Domestic Partnership and Civil Union Lawyer.
Who’s eligible for Domestic Partnership in New Jersey?
- Couples of same or opposite sex who are 62 years of age or older.
- Couples younger than 62 years of age but who have entered in a domestic partnership prior to the amending of the law (in February 2017).
- Couples who entered a domestic partnership in states other than New Jersey.
What a Domestic Partnership provides:
- Statutory protections against discrimination, such as credit, housing, and employment discrimination.
- A right to make medical and/or legal decisions for your domestic partner if they are incapacitated and/or unable to do so.
- A right to receive tax exemptions from personal income tax and transfer inheritance tax (the way a married spouse can).
If you are thinking of engaging in a Domestic Partnership in New Jersey, you and your partner will want to find a New Jersey Domestic Partnership and Civil Union Lawyer who’s a good fit for you to guide you through the process. Do not be afraid to shop around: you may wish to consult with two or three attorneys to find the one who best suits your personality and needs.
Another option for same-sex couples are Civil Unions. Let’s look at who’s eligible and what protections a Civil Union may offer:
Who’s eligible for a Civil Union in New Jersey?
- Couples who are of the same-sex.
- Couples who are not in a marriage, domestic partnership or civil union in New Jersey or a different state.
- Be at least 18 years of age. (Applicants under the age of 18 may enter into a Civil Union with parental consent; applicants under the age of 16 may enter in a Civil Union with both parental consent and written approval from a judge in the Superior Court, Chancery Division, Family Law.)
What a Civil Union provides:
To quote the law itself, “… all of the same benefits, protections and responsibilities under the law… as are granted to spouses in a marriage.”
Obviously, nowadays more same-sex couples simply enter a marital agreement, and statistics for couples entering domestic partnerships and civil unions steadily trend downward.
However, any time a couple decides to formally become a couple (through marriage, domestic partnership, civil unions, etc.) as recognized by the law there are certain rights and responsibilities that go with this. No one enters a happy, loving, caring partnership with the intent of the dissolution of the partnership, and yet protections like these that are put into place prior to the partnership can ultimately be valuable (hence the rise in prenuptial agreements).
A New Jersey Domestic Partnership and Civil Union Lawyer can help you decide which agreement, and which protections, are right for you and your partner. At this happy time, you want to concentrate on being able to Move Forward with your love— and leave the rest to your lawyer.
Discussing a Domestic Partnership? Contemplating a Civil Union? Thinking of divorce? Call (201) 488-1161, fill out the intake form, or email a dedicated Family Law paralegal to speak with a New Jersey Domestic Partnership and Civil Union Lawyer at O’Cathain Law Group.