Civil Unions Are not Automatically Converted to Marriages In NJ

As a result of all of the recent and swift changes in New Jersey regarding same-sex marriage, many gay and lesbian couples who previously joined their lives in a civil union, are wondering if their civil unions will be automatically converted to marriages under New Jersey laws. Unfortunately, the answer is, no. New Jersey civil unions will not be automatically converted into state-sanctioned marriages. The fact that civil unions do not automatically convert to legal marriages can have significant consequences on the legal status of same-sex spouses throughout the state. This past summer, the United States Supreme Court struck down portions of the Defense of Marriage Act, effectively allowing same-sex couples, who were legally married in the states where they lived, to receive federal benefits as a married couple. The United States Supreme Court specified that civil unions are not recognized by the federal government and therefore do not entitle couples to receive federal benefits under the ruling. New Jersey Superior Court Judge Mary Jacobson held last month that same-sex couples are not afforded equal protection under the laws of New Jersey because they are not afforded the same privileges and rights as heterosexual married couples. Quickly thereafter, as of October 21, 2013, New Jersey began to issue marriage licenses to same-sex couples offering the opportunity to obtain all the protections and rights afforded under the laws pertaining to heterosexual couples who choose to marry. The Superior Court's ruling offered no direction pertaining to the status or validity of same-sex civil unions or whether they would be converted to marriages by operation of law. Therefore, couples in viable civil unions seeking the status of married couples must still obtain a marriage license and participate in a formal ceremony to obtain the state and federal benefits afforded to legally married spouses. The benefits to members of the LGBT community already in civil unions who now enter formal marriages include tax benefits, social security benefits, and immigration rights, they must file to obtain a marriage license. If you have questions regarding the status of a civil union in New Jersey, the implications and validity of any existing support or promissory agreements prepared between yourself and your spouse or other matters which may be affected by the approval of marriages by the NJ courts you should consult you consult with an attorney experienced in both civil union law and traditional family law to ensure you are protected. For more information about same-sex civil union, same-sex relationship dissolution, adoption, alimony, child support, custody or other Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Same-Sex Marriage Debate in New Jersey Rages On

The debate on the same-sex marriage continues to rage on in the state of New Jersey in lieu of recent developments in the New Jersey judicial system. Last year, the New Jersey State Legislature passed a Marriage Equality law that would have allowed same-sex couples to marry in the states, but at that time, Governor Chris Christie vetoed the bill and temporarily ended the debate. On Friday September 27, 2013, New Jersey Superior Court judge Mary Jacobson ruled that same-sex couples in New Jersey must be allowed to get married, beginning on October 21, 2013. According to Judge Jacobson, gay and lesbian couples are being denied equal rights under the law and therefore must be allowed the right to marry just like heterosexual couples. If the state were to issue marriage licenses to same sex couples on October 21st, they would have all of the same state and federal benefits that heterosexual couples enjoy. Many marriage equality supporters from around the state joined together in celebration of Judge Jacobson's ruling, but does her ruling truly end the debate? The answer is, no. Governor Christie has stated that he will appeal Judge Jacobson's decision. Typically, the Appellate Division would first have to hear a challenged case, but in this instance state lawmakers and the governor have asked the New Jersey Supreme Court to consider the matter, circumventing the Appellate Division. On October 2, 2013, Governor Christie asked the judiciary to delay the enforcement of Judge Jacobson's order until the appeal can be decided by the Supreme Court. Judge Jacobson's ruling is the first of its kind since the United States Supreme Court released its ruling that the federal government cannot deny federal benefits to married same-sex couples. Judge Jacobson based her opinion in part on that United States Supreme Court decision. It is still too early to predict how Judge Jacobson's ruling will impact marriage equality in the state of New Jersey. Ultimately, this latest development proves that the debate over same-sex marriage in this state is still a hot topic and is far from over. With the legislature, the judiciary, and the governor all weighing in heavily on the debate over the past few years, the only certainty with regard to issues of same-sex marriage in New Jersey is that people throughout the state feel very passionately about the issue. Whether the legal status of same-sex marriage changes soon or not, has yet to be decided. If you are seeking to enter into or dissolve a civil union, there are ways to protect yourself and your partner under the existing laws by entering into contractual agreements where the law falls short of offering you protections offered to heterosexual married couples. For those in the LBGT community who are in long-term relationships and cohabitating, it is important to consult with experienced legal counsel regarding the steps you should take to protect your present and future interests under NJ Law. For more information on same-sex civil union, dissolution, divorce, custody, visitation, child support or other family law matters in New Jersey visit www.NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.