Tag Archive for: civil unions

How To End A Civil Union in New Jersey

ending a civil union Almost a decade ago in October of 2006, the New Jersey Supreme Court ruled in the case Lewis v. Harris that banning same-sex couples from the rights and benefits of marriage violated the constitutional promise of equality. The Court gave the New Jersey Legislature a deadline of 180 days to correct the violation, which prompted the legislature to create the separate status of civil unions. Under New Jersey’s new law, a civil union was legally recognized union of two individuals of the same sex.

Today, of course, same-sex marriage is the law of the land in the US, but many couples are still in these civil unions . And, like any couple who experiences differences in their relationship and is choosing to end it, couples who are in civil unions need advice on how to dissolve their civil unions. Read more

Irreconcilable Differences Grounds for Dissolution of NJ Civil Unions, Court Rules

Judges wooden gavel in court

When same-sex couples entered into civil unions in New Jersey make the decision to end their relationships, they have the same rights as divorcing married couples to file for their dissolution on the “no-fault” grounds of irreconcilable differences, a New Jersey trial judge ruled in an opinion released this week. Read more

Same-Sex Couples in New Jersey: Are Both Divorce and Dissolution Necessary?

Same-sex marriage has been legal in New Jersey since a groundbreaking ruling in October 2013 paved the way for marriage equality. But what about same-sex divorce? As family law attorney Bari Weinberger points out in her new article for the New Jersey Law Journal, some lingering questions and legally ambiguous situations may face some same-sex couples who decide to split up. Read more

What Happens to Your Civil Union When You Marry?

With same-sex marriage now legal in New Jersey for a little over a week, questions have been popping up concerning some of the finer points of couples obtaining marriage licenses, especially those already in civil unions or domestic partnerships. Here are some common questions we’ve been hearing: Read more

NJ Same Sex Marriage Approved to Begin Monday

Update 2: On 10/21, the Christie administration withdrew its appeal of the court ruling allowing same sex marriage in New Jersey.

Update 1: To understand the legal road to gay marriage in New Jersey, read our new article, Status of Same-Sex Marriage in New Jersey.

Same sex marriages in New Jersey can begin this Monday, October 21, the state’s Supreme Court ruled today. Justices on the state’s highest court were unanimous in denying the Christie administration’s request to issue a stay of a lower court ruling allowing gay couples to marry. (The details of the initial ruling can be found here: Judge: Gay Couples in New Jersey Can Marry As Early As October 21). Read more

What’s Your Relationship Status? Married, Divorced, Domestic Partners, in a Civil Union . . . ?

Boyfriend, Girlfriend, Significant Other, Soon-to-be-Ex…? The options seem to be endless and growing. Perhaps the only thing any of us can really count on from one day to the next is—it’s complicated! Read more

After DOMA, Now What? A New Jersey Perspective

lgbtq marriage and parenting rights

The U.S. Supreme Court’s striking down of a key part of the Defense of Marriage Act (DOMA) has given new energy and fuel to forces within the state working to legalize same-sex marriage in New Jersey. In the last week, two important developments have developed that seem to have the state edging closer to making changes concerning this issue. Read more

New Laws Governing New Jersey Prenuptial Agreements

Prenuptial Agreements

Family lawyers, having lost the battle to block a new law restricting judicial interpretations of prenuptial agreements, are girding for its impact. The law, signed June 28 by Gov. Chris Christie, mandates that judges evaluate the agreements as of the date of their signing, not the date of enforcement — effectively removing consideration of changed circumstances.

On June 28, 2013, Governor Christie signed into law key rule changes concerning the enforceability of prenuptial or pre-civil union agreements in New Jersey. Weinberger Divorce & Family Law Group attorney Carmela Novi wrote a guest blog explaining these prenuptial agreement rule changes when they were first proposed in the New Jersey Assembly last year (See New Jersey Bill Questions Conscionability in Prenuptial Agreements). However, now that they are official, how do changes to pre-nups affect those seeking pre-martial agreements, or attempting to enforce or dispute one already in place? Read more

More Cohabiting Couples In Court After Breaking Up

Live with your partner, but never tied the knot, and now want to know what legal options are available in the event you break up? You are not alone, according to a recent poll of American Academy of Matrimonial Lawyer (AAML) members that revels a spike in the number of court battles between couples who had previously lived together. Overall, 48 percent of attorneys surveyed noted an increase in court cases involving cohabiting couples. At the same time, 39 percent of lawyers cite a rise in couples who seek cohabitation agreements. Read more

New Jersey Senate President Weighs in on Gay Divorce

After a remarkable about-turn in the New Jersey Senate last week (in which a bill approving gay marriage was passed by a majority vote), both sides of the political spectrum have begun to weigh in on the legislation and its possible repercussions. Read more