New Jersey Civil Unions for Same-Sex Partners

For a couple to obtain a civil union, you must meet the following criteria:

• Be of the same sex;
• Be at least 18 years of age, or have the consent of their parents or guardian;
• Cannot be a party to another civil union, domestic partnership, or marriage; and
• Cannot be closely related to each other (for instance, not an ancestor, descendant, sibling, niece, nephew, aunt, or uncle).

Can We Do a Civil Union Immediately?

According to the ACLU, you cannot obtain a civil union immediately. There is a 72-hour waiting period between obtaining the license and performing a civil union, equal to the waiting period before getting married. For instance, if you have your license on March 20, the earliest you can be joined in a civil union is March 23.

How Do We Obtain a License?

The couple must apply to any local registrar within the state in person. New Jersey residents have to submit the applications in any of their home states. These rules may have changed since COVID-19. The license will be available once the application is approved. The license is only valid for 30 days. If none of the applicants are New Jersey residents, they must turn in the application to where their civil union will occur.

If We Do Not Live in New Jersey, Can We Still Obtain a Civil Union There?

Unlike other states, New Jersey has no residency requirement to obtain a civil union. With the recent federal legalization of civil unions, your home state will recognize marriage between same-sex couples. However, if an issue arises, you may need to contact a local lawyer to assist you.

If you performed the civil union in another state, it might still be valid in your home state. Make sure to research your local regulations for the answer. The New Jersey Attorney General stated that a marriage between people of the same sex performed in another state or country would be treated as a civil union in New Jersey.

Should I Get a Civil Union in New Jersey if I Already Have a Marriage or Civil Union (with the Same Person) in Another State?

A civil union in another state will be valid under New Jersey laws. Therefore, you will not need to perform another civil union in another state if you already have one with that person. This ensures that the same-sex couple is being treated equally as the heterosexual couple.

States have not created more paths and regulations to allow same-sex couples the same status as any other type of couple. Same-sex couples have legal rights when it comes to their civil unions. Furthermore, keeping a uniform state for the civil union will prevent confusion when the couple decides to split up.

What If We Already Have a New Jersey Domestic Partnership Together?

The domestic partnership will be considered a civil union when the new rules are enacted. Therefore, you can consider converting into a civil union if you already have a domestic partnership. There is a standard procedure for it. However, contact a local attorney if you have any issues with this.

Will My Civil Union be Valid Outside of New Jersey?

According to Wikipedia, the Supreme Court’s ruling in Obergefell v. Hodges holds that all states must now perform the marriages of same-sex couples, and all states must recognize the marriages of same-sex couples.

Due to this recent ruling, federal law protects same-sex civil unions or marriages. Therefore, all states must abide by this ruling and its constitutional rights. There could no longer be discrimination against same-sex couples if they are seeking to be bonded in marriage.

Many states have some versions of domestic partnerships and civil unions. Now the states have a uniform law that prevents discrimination against the gay and lesbian community. If issues do arise in your case, do not hesitate to seek professional assistance. Laws are changing, and you must know your legal rights regarding marriage as a same-sex couple.

What Should I Say When Asked if I Am in a Civil Union or Married?

This can be challenging, and it is important to answer them honestly. You can state that you are committed to a civil union for applications regarding employment, credit, insurance, medical treatment, and mortgages.

Due to the new regulations providing protections for same-sex couples, it has become easier to provide answers on government forms. There is a wide range of acceptance on the government level and among the public. These civil unions are not recognized as part of the local state’s law.

You can talk to a lawyer to get more information on the tax benefits of being in a civil union. It may be difficult to complete this task independently since it’s fairly new regulations.

What is the Difference Between Civil Unions and Marriage?

While civil unions are a significant step towards ending discrimination against gay and lesbian couples, they create a separate protection category for same-sex couples. Remember that gay and lesbian Americans serve the nation in many ways. They are citizens of this nation and provide their services through medicine, the military, education, etc.

Preventing them from enjoying similar benefits as a married couple does not do justice to our nation. They should be able to reap the benefits of their civil unions. Our laws and regulations must protect their rights.

What Exactly Does the Respect for Marriage Act do to Protect Same-Sex Marriage?

The Respect for Marriage Act is a monumental moment for same-sex couples. It allows them the freedom to marry and have it be recognized in their home state. The Respect for Marriage Act established the following:

• First, it repeals the federal Defense of Marriage Act (DOMA). That regulation was passed in 1996, preventing the federal government from recognizing same-sex marriages validly entered into under a state’s law. It also permitted other states to discriminate against same-sex couples by refusing to validate their same-sex marriages; and
• Second, it banned the states from refusing to recognize same-sex marriages that are properly entered into in a different state. It is significant to note that it did the same for interracial marriages.

This law strips the authority from the federal government to decide what marriages are valid. There is a general rule now that if a marriage is properly entered into in the state, it is legally valid, and the federal government will recognize it.

Additionally, it reiterates that faith-based organizations do not need to participate in the celebration or solemnization of marriages if they do not wish to.

When Do I Need to Contact a Lawyer?

If you reside in New Jersey and are trying to obtain a civil union as a gay couple, legal options are available. All states must now recognize same-sex civil unions as a valid marriage.

Therefore, if you have any issues with this, do not hesitate to contact a local New Jersey family law attorney to assist you. Your attorney can research the laws, provide legal advice, and represent you in court if you need to attend any important court hearings. Lastly, they can keep you updated if there are any changes to the law that might affect your legal rights.