FMLA Could Be Extended to Couples in Same-Sex Marriages Throughout Nation

Gay and lesbian couples who were joined in same-sex marriages are now entitled to the Family and Medical Leave Act (FMLA) in states that recognize marriage equality, but the FMLA could also be extended throughout the nation to include common law spouses even in states that currently do not recognize same-sex marriage as well. The U.S. Department of Labor recently proposed a new rule that would extend the effect and benefits of the FMLA to same-sex couples and common law spouses throughout the country. Employers had until August 11, 2014 to submit their comments and suggestions regarding the new proposed rule change. The FMLA covers employers with fifty (50) or more employees within seventy-five (75) miles of each other. As it is written, the law permits any eligible employee to apply for and take up to twelve (12) weeks of unpaid leave within a 12-month period of time if and when a member of his or her family has a serious health condition. The FMLA designates a family member as a parent or child under the age or 18 or a spouse. Previously, only legally married heterosexual couples qualified as spouses under the law. In 2014, the United States Supreme Court struck down parts of the Defense of Marriage Act (DOMA) which defined "marriage" and "spouse" to be limited to heterosexual partners. This ruling changed the definition of "spouse" with regard to the FMLA to include a legally married same-sex spouse, if that person worked in a state that recognized marriage equality but not in states that did not recognize same-sex marriages. The current proposed rule would expand FMLA to the spouses of gay and lesbian individuals as long as the marriage was legal in the state where it was entered into even if they work in a state where same-sex marriage is not legal. The new rule would also expand the FMLA to common law spouses in all fifty (50) U.S. states, provided that the relationship is recognized in at least one state. If you are a gay or lesbian couple who plan on seeking a legal marriage or filing for a same-sex divorce or would like more information regarding same-sex divorce it is critical that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, same-sex divorce, same-sex relationship dissolution, equitable distribution, alimony, custody and visitation, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

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.

NJ Same-Sex Marriage After Supreme Court Strikes Down DOMA

The Supreme Court of The United States of America has struck down the Defense of Marriage Act (DOMA), which denied federal benefits to same-sex couples who are married, in civil unions or other forms of union recognized under state law. The President 's administration stated it would quickly move to ensure same-sex married couples get the same federal tax and other benefits that heterosexual married couples receive. It is still up to the individual states to determine if they will recognize same-sex marriage. In New Jersey, the Supreme Court of New Jersey in its opinion in the 2006 case of Lewis v. Harris, 188 N.J. 415 (2006) held that it is unconstitutional to deny same-sex couples the same rights and benefits that heterosexual couples are given and held that the State could either amend the marriage statutes to include same-sex couples or enact a parallel statutory structure by another name in which same-sex couples would enjoy the same rights and benefits and bear the burdens and obligations of civil marriage in the State of New Jersey. The State Legislature established civil unions which do not qualify as "marriage" under the Federal Laws. Governor Christie has made it clear he does not support same-sex marriage. He vetoed a marriage bill passed by the legislature and voiced his disfavor with the Supreme Court's ruling striking down DOMA. He stated he wants the issue left up to the voters of New Jersey. Many in the State Legislature are trying to override Governor Christie's veto. If you are in a same-sex relationship in New Jersey and are interested in protecting or providing for your partner you should consult with an experienced family attorney. For more information about same-sex relationships, palimony agreements, cohabitation agreements, child custody, visitation, dissolution, divorce, child support or any other type of family law matter in New Jersey please visit HeatherDarlingLawyer.com. This blog is for informational purposes only. It is not intended to replace the advice of an attorney regarding your specific matter.