New Jersey Civil Union Family Law Lawyers

A civil union is comprised of two persons of the same sex who establish a legally recognized union pursuant to the Civil Unions Act, as evidenced by a civil union license or certificate.  N.J.S.A. § 37:1-28 et seq.  New Jersey was one of the first states to adopt legislation that prohibits discrimination against individuals based upon sexual orientation.

The New Jersey Supreme Court held in Lewis v. Harris, 188 N.J. 415 (2006) that the equal protection guarantee of Article I, Paragraph No. 1 of the New Jersey Constitution was violated by denying the rights and benefits to committed same-sex couples that were statutorily given to their heterosexual counterparts.  In enacting the Civil Union Act, the Legislature intended to comply with the constitutional mandate of Lewis v. Harris and insure equality to same-sex couples with the same rights and benefits as given to heterosexual couples.

Under the law in New Jersey, same-sex civil union couples enjoy the same benefits and protections that are given to married couples.  They enjoy the same rights as married couples regarding:

  • Children;
  • Divorce;
  • Property division; and
  • Spousal support.

Political support for gay marriage seems to be lacking in New Jersey at present.

Given the complexities of Civil Union issues in New Jersey, we advise you to contact one of our experienced family law attorneys at 973-627-7300 at Einhorn Harris today. We handle civil union and family law issues throughout New Jersey.