In the ever-evolving landscape of family law, domestic partnerships have become an increasingly popular option for couples seeking legal recognition of their relationships. New York and New Jersey, two neighboring states with rich legal histories, have unique domestic partnership regulations. In this blog, we’ll explore domestic partnerships in both states, how they differ from marriage, and the process for ending a domestic partnership should the need arise.
Domestic Partnerships in New York
In New York, domestic partnerships are governed by the Domestic Partnership Act. Couples must meet specific criteria to qualify, such as being at least 18 years old, sharing a residence, and being financially interdependent. New York domestic partnerships are available to both same-sex and opposite-sex couples.
Domestic Partnerships in New Jersey
New Jersey also recognizes domestic partnerships through the Domestic Partnership Act. This state offers domestic partnerships to same-sex and opposite-sex couples aged 62 and older and couples under 62 who meet specific eligibility requirements. New Jersey domestic partnerships grant legal protections, including healthcare benefits, inheritance, and visitation rights in healthcare facilities.
Differences Between Domestic Partnerships and Marriage
While domestic partnerships offer many legal benefits, they differ from marriage in these three ways:
- Legal Recognition: Marriage is universally recognized across states and countries, while domestic partnerships may not be. This could affect couples who move or travel frequently.
- Name Change: Couples who marry can easily change their last names, while domestic partnerships may require additional legal steps.
- Divorce vs. Dissolution: Ending a marriage requires divorce proceedings, whereas domestic partnerships are dissolved through a more straightforward process.
Ending a Domestic Partnership
If a domestic partnership comes to an end, it’s essential to understand the dissolution process in both New York and New Jersey:
New York:
- Notification: Both partners must agree to end the partnership. Either partner can send a written notice to the other to initiate the process.
- Affidavit of Termination: Both partners must sign an Affidavit of Termination of Domestic Partnership, which should be notarized.
- Filing: The Affidavit of Termination must be filed with the same clerk’s office where the partnership was initially registered.
- Legal Counsel: Seeking legal counsel during this process is advisable, especially if there are shared assets, debts, or custody issues.
New Jersey:
- Mutual Agreement: Like in New York, both partners must agree to dissolve the partnership.
- Filing: File a Notice of Termination of Domestic Partnership with the appropriate county clerk’s office.
- Waiting Period: There is typically a 180-day waiting period after filing, during which time the partnership remains legally intact.
- Finalization: After the waiting period, each partner must return to the clerk’s office to complete the termination process.
Domestic partnerships in New York and New Jersey offer a valuable alternative to marriage for couples seeking legal recognition and protection. Understanding the criteria for entering a domestic partnership, the distinctions between domestic partnerships and marriage, and the dissolution process is crucial for couples in these states. Our team at HD Family Law has the experience and knowledge to provide you with legal guidance in creating or dissolving your domestic partnership.
