How to Divorce With a Civil Union License in New Jersey
In New Jersey, marriage equality also means divorce equality. To effectively end a civil union, you must legally terminate the relationship or, in everyday parlance, get "divorced." The process for dissolving a civil union is similar to the process for dissolving a marriage. Seek legal advice from a New Jersey attorney who specializes in family law if your situation involves child custody, significant property or significant debt.
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Instructions
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File a divorce complaint in the New Jersey Superior Court in the county where you registered your civil union or in the county where you live. Your petition must allege grounds for the divorce and must include information such as the date of the civil union, both parties' addresses and whether one or more children are involved. If you allege adultery or deviant sexual conduct as grounds for the divorce, you must also name the adulterer or enough information to validate that adultery occurred.
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Pay a filing fee to the clerk of the court when you file your complaint. If children are involved, you must also pay a fee that covers a parenting education seminar. As of the time of publication, the divorce filing fee was $250, and the parent education registration fee was $25. Make copies of the complaint that show the case number that the clerk assigns to your case.
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Prepare a summons and attach it to one copy of the divorce complaint. The summons form notifies the defendant that a divorce case has been filed and tells the defendant how and when to participate in the case.
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Deliver the summons and complaint, along with a service fee, to a sheriff's officer or process server for service on the defendant. If the defendant signs an acknowledgment of service, you do not need to serve the defendant.
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Wait 35 days to see if the defendant files an answer or counterclaim to your complaint. If the defendant files a counterclaim, you have 20 days to file a response to the counterclaim. If the defendant does not file an answer, you may apply for equitable distribution from the court, asking the court to set a hearing to dissolve the union, divide your property and establish child support and alimony. You must serve a copy of your notice of application for equitable distribution on the defendant 20 days before the hearing.
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Complete a Case Information Statement if the defendant files an answer to the complaint. List all assets and liabilities on the CIS. Upon receipt of a CIS from both partners, the court will categorize your case as priority, complex, expedited or standard. Alternatively, you and your partner may agree on a case category.
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Attend a case management conference if your case is filed in Middlesex County. Otherwise, participate in the case management conference by phone. Approximately 98 percent of New Jersey cases are settled without a trial. If you reach a settlement agreement with your partner, sign a settlement agreement and submit a divorce decree to the court. A judge will sign the divorce decree, formalizing your settlement and dissolving your civil union.
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Serve discovery requests on your partner if the case is still unresolved and if you need more information to complete your case. Discovery can include interrogatories, depositions and requests for production of documents. Parties use discovery to establish the value of their assets and liabilities and to prove the grounds for divorce. The court will set a cut-off date for discovery and a trial date.
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Attend the trial and present evidence about your assets, liabilities and either party's need for alimony or child support. Assuming you have grounds for divorce and you present your evidence properly, the judge should grant a dissolution of your civil union.
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References
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