Can Civil Union Partners File for Divorce in New Jersey?

We Explore Civil Union Partners and Divorce in NJ

New Jersey recognizes various legal relationships, including civil unions, domestic partnerships, and traditional marriages. While civil unions and domestic partnerships offer couples similar rights and obligations as marriage, they also come with the possibility of legal dissolution if the relationship breaks down.

This guide explores whether civil union partners can file for divorce in New Jersey, the legal process involved, and critical considerations for those navigating this emotional and complex situation.

Understanding Civil Unions in New Jersey

Civil unions in New Jersey were established in 2007. They allow same-sex couples to enter into a legally recognized relationship that grants them many of the same legal rights and responsibilities as marriage. Before same-sex marriage became legal in the state in 2013, civil unions were a way for same-sex couples to formalize their commitment and access legal protections.

Even after the legalization of same-sex marriage, civil unions remain a recognized legal relationship in New Jersey. Couples who entered civil unions before 2013 and chose not to convert their union into a marriage are still bound by the legal terms of the civil union.

Can Civil Union Partners File for Divorce?

Yes, civil union partners in New Jersey can file for divorce. The process of dissolving one closely mirrors the process of a traditional divorce. However, because civil unions are distinct from marriages, the term “dissolution” is often used to describe the legal end of a civil union rather than “divorce.”

The grounds for dissolving a civil union in New Jersey are the same as those for divorce. Partners in a civil union can file for dissolution on both fault-based and no-fault grounds. No-fault grounds involve irreconcilable differences, meaning the partners have experienced issues in their relationship for at least six months, and no reasonable prospect of reconciliation exists. This is the most common reason for these union dissolutions and divorces in New Jersey.

Although less commonly used, fault-based grounds are also available for partners. These include:

• Adultery
• Abandonment (for at least 12 months)
• Extreme cruelty (physical or emotional abuse that makes continuing the relationship unreasonable)
• Separation (living apart for at least 18 months)
• Drug or alcohol abuse
• Institutionalization (for mental illness lasting more than 24 months)
• Imprisonment (for more than 18 months)

 

Filing for Dissolution of a Civil Union

 

 

The legal steps to dissolve a civil union in New Jersey are similar to the marriage divorce process. The steps typically include the following:

1. Filing a Complaint: One partner must file a complaint for dissolution with the court. This legal document outlines the reason for seeking dissolution (either on no-fault or fault-based grounds) and requests the court to end the civil union legally. The complaint may address issues with child custody, support, alimony, and property division.
2. Serving the Other Partner: After filing the complaint, the other partner must be served with the legal papers. This ensures that both parties are aware of the dissolution proceedings.
3. Response and Discovery: The partner receiving the complaint can respond. After that, both parties may engage in discovery, which involves gathering information about finances, assets, debts, and any other relevant issues.
4. Negotiations: Many dissolution cases are resolved through negotiation or mediation, where both partners, with the help of their attorneys, work to reach an agreement on essential matters such as child custody, child support, alimony, and property division. The process becomes significantly more straightforward and faster if both parties agree on these terms.
5. Court Proceedings: If the partners cannot agree, the case may proceed to court. A judge will hear the case and make final determinations on contested issues.
6. Final Judgment of Dissolution: Once all issues have been resolved, the court will issue a final judgment of dissolution, legally ending the civil union.

Property Division, Alimony, and Child Custody

When a civil union ends in New Jersey, the legal processes surrounding property division, alimony, and child custody mirror those of a divorce.

• Property Division: New Jersey follows equitable distribution laws, meaning that the court fairly divides marital property, though not necessarily equal. Any property acquired during the civil union is considered marital property, while property acquired before the civil union remains separate unless co-mingled.
• Alimony: Sometimes, one partner may be entitled to alimony (spousal support). The court will factor in the length of the civil union, the financial needs and resources of both partners and the standard of living during the union.
• Child Custody: If the partners have children, the court will prioritize the child’s best interests when making custody decisions. This includes considering the child’s relationship with both parents, each parent’s ability to provide for the child, and the child’s safety and well-being.

Unique Considerations for Civil Union Dissolutions

Although the process for dissolving a civil union is similar to divorce, there are unique considerations. One crucial factor is federal recognition. While New Jersey law grants civil union partners many of the same rights as married couples, not all federal laws treat them the same way. This can affect taxation, social security benefits, and healthcare rights.

Additionally, since same-sex marriage is now legal in New Jersey and throughout the United States, some partners may choose to convert their union into a marriage rather than dissolve the relationship. However, dissolution remains an option for those who wish to end the legal partnership.

Domestic Partnerships vs. Civil Unions

It’s worth noting that civil unions and domestic partnerships are distinct legal relationships in New Jersey. While civil unions were created to grant same-sex couples marriage-like rights, domestic partnerships offer fewer legal benefits. They are available to both same-sex and opposite-sex couples over the age of 62.

The process for dissolving a domestic partnership is different from dissolving a civil union, so partners need to understand which legal relationship they are in before moving forward with legal proceedings.

Protect Your Rights in a Civil Union Dissolution

If you and your partner are considering ending your civil union, it’s crucial to understand your legal rights and obligations. Dissolving one can be as complex as a traditional divorce, with important issues like property division, alimony, and child custody at stake.

At Dalena & Bosch, our experienced family law attorneys specialize in civil union dissolutions and divorces. We can guide you through the legal process to ensure your rights are protected. We are passionate about achieving the best possible outcome for our clients. Whether you’re filing for dissolution on no-fault grounds or facing complex issues like child custody and property division, we are here to help.

Contact Dalena & Bosch Family Law Firm today to schedule a consultation and get the legal support you need during this difficult time. We’d like to handle the complexities so you can focus on moving forward with your life.