Now that same-sex marriage is legal in New Jersey, many have argued that this presumed parenthood should extend to same-sex partners over children of whom their same-sex spouse is the biological parent. Since there was no reasonable basis to find that the Legislature intended an unequal and unconstitutional result, it seemed logical to conclude that omitting irreconcilable differences from the civil union statute was unintentional. Dissolving a Civil Union There are several impediments to dissolving a civil union that do not exist for divorcing spouses in a marriage. It said it wanted the challenge to begin in a lower court where a trial record could be developed. They won this argument before a New Jersey trial court, and the court ordered state officials in New Jersey to begin issuing same-sex marriage licenses.
Hundreds of same-sex couples that qualified for civil marriage in the state were finally wed. Weinstein we respect and appreciate all families and look to legally help our clients protect their legal rights regardless of the lifestyle they choose to live. We have written and lectured extensively on issues such as same-sex alimony and property division, and have represented many clients in related matters. Therefore, the Legislature had until January to override the veto. With lawyers who are highly knowledgeable about all of the latest developments in same-sex union laws, we are able to most effectively represent clients across New Jersey. New Jersey has approached this issue with a step-wise process, recognizing domestic partnerships, then civil unions, and ultimately, same-sex marriage in For the first time, same-sex couples were being treated equally in the eyes of the law. On January 20, P. History and the Path to Victory: In addition, while a divorced spouse who is ordered to pay alimony may deduct his or her alimony payments from his or her federal income tax return, a former partner to a now-dissolved civil union cannot claim that same deduction. You can contact us to learn more about our LGBT services or call 1. The legislation needed three additional votes in the Senate and 12 in the House. The law provides  for the creation of a Civil Unions Review Commission that will evaluate the law's effectiveness and any problems resulting therefrom, and will report every six months for three years following enactment to assess the impact of the law. In at least one New Jersey trial court case, In re Parentage of Child of Robinson, a same-sex partner was entitled to the statutory presumption of parenthood afforded to husbands under the language of the New Jersey Parentage Act. However, the applicable statute governing civil unions, N. It said it wanted the challenge to begin in a lower court where a trial record could be developed. Five years later, the plaintiff filed a complaint and the defendant filed a counterclaim both seeking a judgment dissolving the union on no-fault grounds of irreconcilable differences. Garden State Equality, citing United States v. Christie was cited recently saying that signals from the court and the march of history were clearly against him and that he has decided to desert his fight. They won this argument before a New Jersey trial court, and the court ordered state officials in New Jersey to begin issuing same-sex marriage licenses. Labels set people apart surely as physical separation on a bus or in school facilities However, the amendment did not expressly amend the civil union statute to include irreconcilable differences in the list of causes of action for dissolution. Ultimately, the Groh court held that same sex civil unions could be dissolved based on irreconcilable differences, yet another milestone in New Jersey family law. New Jersey Parentage Act The legal recognition of same-sex families is an evolving issue. Poritz , chastised the junior members of the Court who said that anything other than marriage would provide equal rights: If you are considering entering into a civil union, concerned about the status of children in a civil union household, seeking dissolution of a civil union, or considering a same-sex divorce, we can offer you sound advice and informed guidance. Yet, still thousands of same-sex couples are being denied this basic right on a daily basis.
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Same-sex marriage bill defeated in New Jersey Senate vote
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