Civil Unions and Domestic Partnerships

Civil Unions and Domestic Partnerships in New Jersey

Although same-sex marriage has been legal in New Jersey since 2013, the state continues to recognize civil unions and domestic partnerships. These legal structures still carry important rights and responsibilities regarding healthcare decisions, inheritance, taxes, employer benefits, hospital visitation, and more. Whether you are considering entering one, converting an existing civil union to marriage, dissolving one, or addressing related legal issues, Gebhardt & Kiefer, P.C. provides knowledgeable, compassionate guidance tailored to today’s legal landscape.

Domestic Partnerships

New Jersey’s Domestic Partnership Act grants limited but meaningful rights primarily to:

• Same-sex and opposite-sex couples in which both partners are age 62 or older
• Couples who entered domestic partnerships before the law was revised in 2007 (in limited circumstances)
• Couples with similar legal status from other states 

Rights include the ability to make healthcare decisions for an incapacitated partner, certain tax exemptions, hospital visitation, and other protections. Domestic partnerships offer fewer rights than marriage or civil unions but remain a valuable option for many older couples.

Civil Unions

A civil union is the legally recognized union of two individuals of the same sex, providing the same legal benefits, protections, and responsibilities as marriage under New Jersey law. Although same-sex couples may now marry, some choose to maintain or enter civil unions for personal, religious, or practical reasons. Existing civil unions remain valid, and couples may convert them to marriage if desired. Requirements for entering a civil union include being of the same sex, at least 18 years old (with parental consent possible for minors under certain conditions), and not currently in another marriage, civil union, or domestic partnership recognized by the state.

Dissolution, Conversion, and Related Legal Issues

Dissolving a civil union or domestic partnership generally follows procedures similar to divorce in New Jersey Family Court, involving equitable distribution, possible support issues, and other considerations. Conversion of a civil union to marriage is a relatively straightforward administrative process in most cases. Our attorneys also assist with related matters such as updating estate plans, beneficiary designations, and employer benefit elections after formation or dissolution.

How We Assist Clients

Our family law attorneys understand the nuances of these legal structures and how they intersect with marriage, divorce, estate planning, and benefits law.

• Assistance with registration or conversion of civil unions and domestic partnerships
• Representation in dissolution proceedings
• Advice on rights, benefits, and obligations
• Coordination with wills, trusts, and estate planning to ensure seamless protection
• Guidance for blended families and unique situations

Frequently Asked Questions

Can I still enter a civil union in New Jersey?

Yes. Same-sex couples may still enter civil unions, although marriage is also available. Some couples prefer civil unions for personal or practical reasons.

What is the difference between a civil union and marriage?

Under New Jersey law, civil unions provide virtually the same state-level rights and responsibilities as marriage. The main differences involve federal recognition and certain interstate portability issues. We can explain how this applies to your specific situation.

How do I dissolve a civil union or domestic partnership?

The process is similar to divorce and is handled in New Jersey Family Court. Property division, support, and other issues are addressed according to the same legal principles. Legal representation is strongly recommended.

Do domestic partnerships still provide meaningful benefits?

Yes, particularly for couples age 62 and older. Benefits include healthcare decision-making authority, hospital visitation rights, and certain tax advantages. We can help you determine whether a domestic partnership or another arrangement best meets your needs.

Whether you are forming a new union, converting an existing one, dissolving a partnership, or simply seeking to understand your rights, our experienced Hunterdon County family law attorneys are here to help. Contact Gebhardt & Kiefer, P.C. today at 908-735-5161 for a confidential consultation. We have been serving New Jersey families with compassion and expertise since 1884.