D.
The New Jersey Civil Union Law
Since 2004, New Jersey has offered same-sex couples some legal protections through domestic partnership registration. But in 2006, the New Jersey Supreme Court ordered the Legislature to insure that same-sex couples were treated the same as heterosexual couples under New Jersey law. The Legislature did so, enacting a civil union law similar to that in Vermont. The law took effect on February 19, 2007.
Requirements for a New Jersey Civil Union
To enter into a civil union in New Jersey, couples must:
- be of the same sex
- be over 18 years old (or meet requirements for an exception)
- not be married or in another civil union or domestic partnership
- not be closely related to each other, and
- must apply for a license and wait at least 72 hours before entering into the civil union.
You'll pay a fee of $28 for your license. A civil union ceremony may be performed by any person authorized to conduct marriages in New Jersey, including ministers, judges, and other officials. (Clergy members aren't required to perform civil union ceremonies if they don't want to, however.)
There is no residency requirement for entering into a civil union in New Jersey, but there is a residency requirement to get divorced there. So if you go to New Jersey solely for the purpose of entering a civil union, and you later break up, you may be in a pickle -- you may not be able to end your relationship in your home state if it doesn't recognize same-sex relationships, so your only option would be to establish residency in New Jersey and seek a dissolution of your relationship there.
Rights and Responsibilities of a New Jersey Civil Union
Partners in civil unions in New Jersey have all of the same state rights and obligations as married couples under state law, including:
- property rights and inheritance rights
- presumption of legal parentage for both partners as to any child born during the civil union
- rights to seek family leave benefits
- rights relating to health and other insurance benefits, as well as pension benefits
- joint tax filing for state returns
- the right to make emergency medical decisions for a partner and to be present if your partner is in a hospital or other care facility
- rights to bring a wrongful death lawsuit and to receive workers compensation death benefits
- privilege not to testify against a partner in court
- domestic violence protection
- if you separate, the right to ask a court to terminate your civil union and make decisions about division of your property or your parental rights
- liability for a partner's debts
- fiduciary duty toward partner, and
- duty of support.
These are examples of some of the major rights and responsibilities, and there are many more. New Jersey law also forbids both individuals and businesses from discriminating against civil union partners.
Status of Domestic Partnerships in New Jersey
If you were already registered as domestic partners in New Jersey, you can retain that status and the rights and responsibilities that came with it, which are significant but not as extensive as those attached to the new civil union status. For example, domestic partners don't have the right to sue for wrongful death, while civil union partners do. Unlike married couples and those in civil unions, domestic partners will not be responsible for each other's debts (unless, of course, the debt was undertaken jointly). Finally, while the domestic partnership law allows domestic partners to ask for alimony or property sharing when a relationship ends, a judge does not have to rule on these questions -- even though it does require that the relationship be ended formally through the courts. In contrast, civil union partners have the right to an equitable distribution of property through the courts, like married couples.
If you enter into a civil union, your previous domestic partnership is automatically terminated. And as of February 19, 2007, the only couples eligible for domestic partnership registration in New Jersey are those in which both partners are 62 years old or older (they can be of the same sex or opposite sexes).
Ending a New Jersey Civil Union
To end a civil union in New Jersey, partners must use the same procedures as married couples seeking a divorce. This means that technically, a civil union can be terminated for cause, including adultery, desertion, extreme cruelty, drug addiction, or institutionalization or imprisonment. Most commonly, however, termination will be based on the parties having lived separately for 18 months without a prospect of reconciliation.
As in most of the other states that offer domestic partnership or civil unions, couples in New Jersey can enter into prepartnership agreements to modify the terms set out in the law.
 For more information about obtaining a civil union license, see the New Jersey Department of Health website at www.state.nj.us/health. Click on the link for "Vital Records."
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