What to Know About Civil Union Dissolution in New Jersey
While civil unions provide couples with many of the same legal rights as marriage, dissolving a civil union in New Jersey is a different process from divorce. Whether you are ending a civil union due to irreconcilable differences, desertion, or some other reason, it’s important to understand the unique challenges and legal requirements involved.
This blog will cover everything you need to know about civil union dissolution in New Jersey, including the differences between dissolving a civil union and a divorce, the legal process, and how you can protect your rights with the help of experienced family law attorneys like those at The Law Offices of Kelly Berton Rocco.
Civil Union Dissolution vs. Divorce: What’s the Difference?
While the process of dissolving a civil union is similar to that of a divorce, there are a few key differences. Civil unions were created in New Jersey in 2007 to provide same-sex couples with legal protections similar to marriage before same-sex marriage became legal nationwide in 2015. While marriage equality has since been established, many same-sex couples are still in civil unions.
The key differences between a civil union dissolution and a divorce include:
- Legal terminology: The legal process for ending a civil union is called “dissolution,” whereas the process for ending a marriage is called “divorce.”
- Legal grounds: The grounds for dissolving a civil union are generally the same as those for divorce in New Jersey, such as irreconcilable differences, adultery, and desertion.
- Federal benefits: A significant difference lies in federal benefits. While married couples can access federal benefits such as Social Security and military benefits, civil union partners do not have the same access. This makes dissolving a civil union different in terms of the financial outcomes.
The Civil Union Dissolution Process in New Jersey
The process for civil union dissolution is similar to divorce and involves the following steps:
- Filing a complaint: The dissolution process begins when one partner files a complaint for dissolution in the family court. This document outlines the legal grounds for ending the civil union and provides information on property, debt, and custody matters, if applicable.
- Serving the complaint: Once filed, the complaint must be formally served to the other partner, who will have the opportunity to respond.
- Negotiating a settlement: Like in divorce, couples must resolve issues related to property division, alimony, and child custody (if children are involved). Many cases are settled through negotiation or mediation.
- Finalizing the dissolution: If the parties reach an agreement, the court will issue a final judgment of dissolution. If disputes remain, the case may proceed to trial, where a judge will decide on unresolved issues.
Property Division and Alimony
In a civil union dissolution, property and assets acquired during the union are subject to equitable distribution, just like in a divorce. The court will divide property fairly, although not necessarily equally, based on factors like the length of the union and the financial contributions of each partner.
Alimony, or spousal support, may also be awarded in civil union dissolutions. The court considers the same factors for alimony as it would in a divorce, including the financial needs of both parties and the standard of living established during the union.
Child Custody and Support
If the couple has children, child custody and support must be addressed. New Jersey courts prioritize the best interests of the child, and child support guidelines apply whether the parents were in a civil union or a marriage. The same legal principles govern custody and parenting time in both types of relationships.
How The Law Offices of Kelly Berton Rocco Can Help
Dissolving a civil union can be just as complex and emotionally draining as a divorce. At The Law Offices of Kelly Berton Rocco, we provide compassionate and personalized legal representation for individuals navigating civil union dissolutions. With over 40 years of combined experience in family law, our attorneys understand the unique challenges that come with ending a civil union and are committed to helping you reach a fair resolution.
If you’re considering ending your civil union, contact our office for a free initial consultation. We’ll explain your rights, help you understand the legal process, and work to ensure that your interests are protected.
