Many of these legal protections are routinely obtained by married couples as well to afford greater security for their family; they can be that much more important for same-sex couples whose New Jersey civil unions may not be respected outside of the state. New Jersey Civil Unions and Domestic Partnerships. Instead it means that the employer can choose whether or not to discriminate, and it should choose not to, even if that means changing the terms in its plan. The court said that government cannot treat same-sex couples differently from different-sex couples regarding rights and benefits of marriage, so government employers, both state and local, must treat equally the civil union partners and married spouses of employees. [S]ame-sex civil unions established under the current laws of Vermont and Connecticut, as well as same-sex domestic partnerships established under the laws of California, which provide rights that closely approximate those of New Jersey civil unions, will be valid in New Jersey and treated as civil unions in our State. In the words of the civil union legislation, a New Jersey civil union grants "all of the same benefits, protections and responsibilities under the law, whether they derive from statute, administrative or court rule, public policy, common law or any other source of civil law, as are granted to spouses in a marriage.". The user is on notice that neither the State of NJ site nor its operators review any of the services, information and/or content from anything that may be linked to the State of NJ site for any reason. If the unexpected should happen and you someday want to terminate the civil union, you may be unable to do so in either your home state (depending on where you live) or New Jersey, unless you first move to and establish residency in New Jersey. What is a civil union? In addition, every religious society, institution or organization in New Jersey is also authorized to join together individuals in a civil union according to its rules and customs. 2006, Chapter 103, the Civil Union Act was signed into law on December 21, 2006 and took effect on February 19, 2007. . A: The process for getting a civil union is largely the same as for getting a marriage in New Jersey. The military may view a New Jersey civil union as grounds for a discharge under its discriminatory policies towards lesbian and gay personnel. Essentially the same steps and criteria for nullifying or dissolving a marriage apply to a civil union, as do the provisions for alimony, dividing assets and allocating responsibilities for the partners' children. Also, the Office of the State Registrar can be contacted at 609-984-3445. Senior Freeze (Property Tax Reimbursement): The Senior Freeze Program reimburses eligible senior citizens and disabled persons for property tax increases. Since the issuance of the Attorney General's opinion, civil unions have also been established under the current laws of Illinois, Rhode Island, Hawaii and Delaware. P.L. You'll need the approved forms of identification, your Social Security numbers, the names and county of birth of your parents, $28 to pay the fee and a witness who is at least 18 and knows you both. Since that time, the U.S. Supreme Court issued its landmark 2015 decision in Obergefell v.
Property passing to a decedent's surviving spouse, parents, grandparents, children, stepchildren or grandchildren is entirely exempt from the tax. For example, for both married or civil unionized same-sex couples, the value of health insurance benefits from an employer for a spouse or civil union partner will be counted as income to the employee for the purpose of federal taxes. In these cases, a "dummy" 2006 Form 706 should be completed as though the Internal Revenue Code treated a surviving civil union partner and a surviving spouse in the same manner. A: They should. Since the issuance of the Attorney General's opinion, same-sex marriages have also been established under the current laws of Vermont, New Hampshire, Connecticut, Iowa, New York and the District of Columbia, as well as other countries in addition to those listed in the opinion. The Civil Union Act does not affect the treatment of domestic partners for purposes of the Transfer Inheritance Tax unless domestic partners enter into a civil union, thus ending their domestic partner status. You may also get an application form at the Local Registrar’s office. A: Yes. We urge you to consult with an attorney for advice on your individual circumstances and what you should do to ensure that you establish legal parenthood. Q: Who can enter into a New Jersey civil union? Q: Should we enter a New Jersey civil union? Div. The deduction also may be applied for with the municipal tax collector any time during Tax Year 2008 from January 1 through December 31, for receipt in that same year, provided that all eligibility requirements were met as of pretax year October 1, 2007 and for every year thereafter. As an example of lack of respect, the passport agency has required a court decree of a name change even for couples married in Massachusetts. A: In most ways, the answer is no different than it has been for different-sex couples deciding whether to marry: such a very serious decision is up to you. The legislation was passed in response to the New Jersey Supreme Court's decision in Lewis vs. Harris, 188 N.J. 415 (2006). 4 0 obj PLEASE NOTE: This document offers general information only and is not intended to provide guidance or legal advice regarding anyone's specific situation. Also, should your relationship end, you may have more difficulty dissolving your legal obligations if there are two outstanding statuses.

is to be used when applying for the deduction. Homestead Benefit (Rebate): The same rules that apply to married couples apply to civil union couples.
In the meantime, we are developing the legal arguments for why such an employer must not discriminate. And creating an additional legal status for your relationship may create more problems than it solves, so you should seek legal advice. The amount of the reimbursement is the difference between the amount of property taxes that were due and paid in the "base year" (the first all the eligibility requirements were met) and the amount due and paid in the current year for which the claimant is seeking the reimbursement, provided the amount paid in the current year is greater. What Is a Civil Union? The name of the relationship selected by other jurisdictions, however, will not control its treatment under New Jersey law. Therefore, it is vital that you consult an attorney and pursue securing your child's legal status with both parents through a second-parent adoption. Note: New Jersey Gross Income Tax Information. The day will arrive when it will be strategic for us to challenge the federal government's lack of respect for states' legal recognition of same-sex relationships. Therefore, income of both civil union partners is to be considered when determining the $10,000 annual income limit.

If a child is born to one partner after the couple enters into a New Jersey civil union, both partners will be legally presumed to be the child's legal parents within New Jersey, just as a child born into a marriage is presumed to be the child of both spouses. <>/Metadata 91 0 R/ViewerPreferences 92 0 R>> A: Securing your legal relationships with your children is vitally important. Q: Even if my partner and I enter into a New Jersey civil union, are there other precautions we should take? You must appear together in person to get the license. A: There are employers who must do so and those who should do so.


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