New Jersey Civil Unions and Domestic Partnerships Attorneys
Although same sex marriage has not been passed in New Jersey as of yet, New Jersey is at the forefront in affording legal protection to non-traditional relationships, including domestic partnerships and civil unions. Richard C. Klein, Esq. is a Cherry Hill, New Jersey-based law firm that represents couples and families with family law matters. The firm’s attorneys bring their extensive knowledge and years of experience in family law to the relatively new, but ever-evolving, legal area of domestic partnerships and same-sex civil unions.
New Jersey Domestic Partnership Act
In 2003, the New Jersey Legislature enacted the Domestic Partnership Act (DPA). The law made domestic partnerships available to all same-sex couples, as well as to opposite-sex couples aged 62 and older. The DPA grants couples certain basic rights, such as the right to make health care decisions and to receive tax exemptions. Even though New Jersey has since enacted a civil union statute which provides far more broad reaching protection, the domestic partnership statute remains in place. Couples in an existing domestic partnership are not required to enter a civil union. However, the DPA has been amended to apply only to same-sex and opposite-sex couples who have reached the age of 62, couples under the age of 62 who entered a domestic partnership before the law was revised in February 2007, and couples who have entered a domestic partnership or relationship status with similar rights and obligations outside of New Jersey.
Two individuals may enter a domestic partnership if they meet the following requirements:
- They share a common residence.
- They agree to be jointly responsible for each other’s welfare.
- Both are 62 years of age or older.
- Neither person is in a marriage, domestic partnership, or civil union recognized by New Jersey law.
- Neither person has terminated another domestic partnership, except in the case of death, within the last 180 days prior to filing the current affidavit of domestic partnership.
- They are not third cousins or closer related by blood, adoption, or marriage.
- They agree to be jointly responsible for each other’s basic living expenses during the domestic partnership.
- Both choose to share each other’s life in a committed relationship of mutual caring.
In order to register as domestic partners under the DPA, each person must file an affidavit of domestic partnership with the local registrar of any municipality in New Jersey. A couple does not have to file in the municipality where they reside. The lawyers of Richard C. Klein, Esq. can assist you in completing your registration in Cherry Hill and the surrounding municipalities of Pennsauken, Camden, Marlton, Mt. Laurel, Mt. Holly and Burlington, as well as other municipalities located throughout South Jersey.
Rights of Registered Domestic Partners
Medical Treatment
Each domestic partner has the right to make medical treatment decisions on behalf of the other. While in a hospital, a domestic partner has visitation rights equal to those of a spouse. Upon the death of one domestic partner, the other domestic partner has the right to make funeral or other arrangements to dispose of the remains of the deceased.
New Jersey State Tax Benefits
A registered domestic partner can claim the other partner as a dependant on his or her New Jersey state tax return. This benefit does not apply to federal income taxes. A registered domestic partner can make a gift or transfer property in life or in a will to the other partner, without the partner receiving the gift or transfer being liable for New Jersey state estate or gift taxes.
Public Employee Benefits
Under the DPA, group health insurance coverage for state employees is extended to domestic partners and the children of domestic partners. Domestic partners of state, county, and municipal employees are also entitled to pension and retirement benefits.
Inheritance
If a domestic partner dies without a will, the domestic partner has the same rights of inheritance that a spouse has under the law.
Terminating a Domestic Partnership
Terminating a domestic partnership in New Jersey can be problematic as the statute leaves much open for interpretation. Although the grounds are clear, including but not limited to sexual relations with someone outside the domestic partnership, extreme cruelty and separation for 18 months or more, the rights and property responsibilities are often difficult to navigate. The issues for termination can include issues of child custody, child support, support and division of property and debts. In addition, a domestic partnership automatically terminates if the couple enters a marriage or civil union with each other.
The South Jersey family law firm of Becker Meisel, Richard C. Klein, Esq., is well-versed in navigating the New Jersey Domestic Partnership Act and the legal issues specific to same-sex domestic relationships. Based in southern New Jersey in Cherry Hill, but well-respected state-wide as a premier divorce and dissolution attorney, Richard C. Klein and the other attorneys in his department have over 30 years experience handling complex legal matters in Camden, Burlington, Gloucester, Salem, Hunterdon, Mercer, Monmouth and other counties throughout New Jersey.
For more information on domestic partnerships and civil unions in New Jersey, call the law office of Richard C. Klein, Esq. to schedule an appointment.
Richard C. Klein, ESQ.
Woodland Falls Corporate Center
220 East Lake Drive
Suite 102
Cherry Hill, New Jersey 08002
Toll Free: 888-763-4490 | Telephone: 856-779-8700 | Fax: 856-779-8716