In 2006, the New Jersey Supreme Court ruled in Lewis v. Harris that civil unions must be treated legally the same as marriages. After the U.S. Supreme Court ruled in 2015 that same-sex couples have a constitutionally protected right to marriage in Obergefell v. Hodges, civil unions that had been obtained by same sex couples in New Jersey remained in effect.
Since couples in civil unions have all the same benefits, protections and responsibilities that are granted to couples in a marriage, the dissolution of civil unions follows the same procedures and is subject to the same substantive rights and obligations involved in the dissolution of marriage.
This applies to all areas of domestic relations, including annulment, premarital agreements, separation, divorce, spousal support, child custody and support, and property division.
Couples in civil unions can obtain separations that are the equivalent of divorces from bed and board. Thus, partners can live separately but resolve issues like custody, support, and property division without formally dissolving their union. In many cases, this is important for keeping health insurance and government benefits.
Dealing with Unique Custody Issues
Same sex couples with children often face unique custody issues since their family may have grown through adoption, surrogacy, and egg or sperm donors. It is especially important to consult with a family law attorney who has experience in these areas.
The fault grounds that apply to obtaining a dissolution of a civil union are nearly identical to the grounds available for a divorce from the bonds of marriage. They include voluntary sexual intercourse outside the union, willful desertion for 12 or more months, extreme cruelty, separation of at least 18-months with no hope of reconciliation, serious drug or alcohol addiction, institutionalization of at least 24 months for mental illness, and incarceration of at least 18 months.
Consult a Compassionate New Jersey Divorce Lawyer
If you are considering dissolving your civil union in New Jersey, consult a dedicated and compassionate New Brunswick family law attorney with the Law Office of Steven M. Cytryn, LLC at (732) 214-1103 today.
