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Guston & Guston, L.L.P.

55 Harristown Road, Glen Rock NJ 07452

(201) 447-6660 

Legal Guide to NEW JERSEY CIVIL UNIONS.

-What you need to know before you take your vows.-

Prepared by:  Debra E. Guston, Esq. 

Getting Your Civil Union License

ü     If at least one of you lives in NJ, you must obtain your license in the town in which you both, or one of you resides.

ü     If both of you live outside of NJ, then you will get your license in the town where the ceremony will be performed.

ü     Call the Town's Registrar of Marriages and Civil Unions. They will tell you what hours they are open to accept applications. 

You must bring the following with you:

      ü     Each other!

  ü   One (1) friend or family member who knows you both and will sign the application stating that they know of no reason why you cannot be joined in civil union.

  ü  Your photo driver's licenses or other governmental identification to prove your identity.

  ü  A personal check or $28.00 in cash for the license fee.

  ü  You will also have to know your birth-date and place of birth and the names and places of birth of each of your parents. If foreign born, then the country of birth is sufficient

      You will not receive your license on the day you apply.  There is a 72- hour waiting period. After the 72-hours, one of you may pick up the license. You will give this to the officiant. The license is good for 30 days, so if there is a snag in your ceremony date, you may have to re-apply.

      If you encounter any problems with any town official in your application process, call your attorney for assistance and referral to community organizations that may be able to help.                                                    

      If you are already in a NJ Domestic Partnership, you may enter into a Civil Union with your Domestic Partner. The DP is automatically dissolved. If you are in a NJ Domestic Partnership with someone other than the person you wish to enter into Civil Union with, you must dissolve the Domestic Partnership first. 

      Any person authorized to perform marriage may perform civil union ceremonies. These people are:

o      Members of the Clergy Municipal Court Judges Heads of Town Councils

o      Superior Court Judges Mayors

o      County Clerks

     The New Jersey Attorney General has issued a formal opinion that any elected public official who refuses to perform civil union must also refrain from performing weddings. This does not apply to members of the clergy, who are free to follow the dictates of their religious tradition.

      Remember that public officials are often very busy and reserve certain times of the week or month to perform weddings. They often will ask that you come to their offices rather than them coming to you.  Plan plenty of time to arrange for a public official to officiate. If you have difficulty locating a public official to assist, call your attorney to ask if they can help find a Judge to officiate.

      If you are asking a member of the clergy to officiate and they have never performed a civil union ceremony, they may have questions about the process. Basically, its what you make of it and they are authorized to pronounce you "Joined in civil union" or some such other designation.  Again, if they need some help reviewing the law, call your attorney for help.

      The officiant is responsible for sending your completed license to the Registrar in the town where the ceremony is performed. The license will have to be witnessed by two (2) people present at the ceremony. These can be friends or family members, or any people present (perhaps from a Judge's staff). You will get a copy of the completed license at the ceremony. 

The Legal Consequences of a Civil Union

While entering into a civil union is certainly romantic and a politically important act, acivil union does carry with it many important rights as well as obligations. You both must consider the implications before embarking on this new chapter in your lives together. Here is a partial list of rights and obligations to consider:

ü     You may inherit from each other, even without a Will.

ü     You may file Joint New Jersey Income Tax Returns.

ü     The surviving partner will not have to pay a New Jersey Inheritance or Estate Tax.

ü     You may be eligible for health insurance and other benefits through your partner's employment.

ü     You will be eligible to be named on Joint Insurance policies, such as auto and homeowner's Insurance.

ü     You will be eligible for NJ Family Leave benefits and workers' compensation benefits.

ü     You will be entitled to make medical decisions for each other, make funeral arrangements and bring claims for wrongful death and loss of consortium In Injury cases.

ü     You will not be required to testify in any litigation in which your partner may be a defendant; this is called a "spousal privilege.”

ü     You will be able to own real estate as tenants by the entirety, which gives you significantly more protection for your home from creditors. 

Obligations

With Civil Union come all of the state mandated responsibilities of marriage:

ü     You are responsible to contribute to each other's support and reasonable medical care.

ü     You cannot disinherit a civil union partner.

ü     You are subject to paying alimony and to the equitable distribution of property acquired during the relationship or commingled during the relationship at the termination of the relationship.

ü     You may be required to provide support for your civil union partner's children at the termination of the civil union, even If you do not adopt them.

ü     You may be responsible for debts incurred by your partner at the termination of the civil union.

ü     You will no longer be legally entitled under NJ law to make unilateral decisions about your property (such as selling real estate or liquidating assets) if your civil union partner disagrees. 

WARNING: These lists of rights and obligations are not exhaustive and many circumstances of your relationship may be different from others. You should consult your attorney before entering into a civil union to assure yourselves that you understand the rights and responsibilities and are prepared for the consequences. Not every attorney in NJ is fully familiar with the Civil Union law. Ask your attorney what the extent of their experience in working with gay and lesbian couples is before you commit to that attorney for consultation and advice. 

How we can help YOU.

Whether you are a heterosexual couple or a gay or lesbian couple, you still need to use legal documents to protect each other. It is highly recommended that every couple have, at minimum:

ü     Last Wills and Testaments

ü     Powers of Attorney

              (1) Financial and Health Care Living

              (2) Wills/Advance Directives

ü     Funeral Directive

      You are also permitted to enter into Pre-Civil Union Agreements that will limit liabilities to each other in the event your relationship terminates. The law strictly governs the manner in which these agreements can be entered into and can be enforced, so seeking the advice of your attorney as soon as you've made your decision to enter into a civil union is essential.

    Remember, the act of entering into a civil union is more than a romantic and political act, it is a legal commitment.

                           Learn as much as you can before you take your vows!