NJSBA Family Law Section

I am hoping someone out there can help me.  A couple, who resided in PA, entered into a Civil Union in NJ in 2008.  They entered into the Civil Union in NJ because PA does not recognize Civil Unions.  Fast forward to 2013 and the parties want to dissolve their Civil Union.  However, neither party resides in NJ.  One resides in PA and the other Arizona. Both states do not recognize Civil Unions.   Can the dissolution take place in NJ regardless of the residency issue?  It seems to me that since NJ allowed the Civil Union in the first place, despite the residency issue, NJ should allow the dissolution.   Any help on this issue is greatly appreciated.

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Erin DeGeorge Esq.
DeTorres & DeGeorge LLC
Flemington NJ
(908)284-6005

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Erin, if you email me privately I can give you some suggestions. This can be a tricky issue without one single "right" answer.

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Angie Gambone, Esq.
Trace and Jenkins, LLC
58 Euclid Street
Woodbury, NJ 08096
856.251.0800
www.tracejenkins.com
[email protected]

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Original Message:
Sent: 07-29-2013 14:33
From: Erin DeGeorge
Subject: Dissolution of Civil Union

I am hoping someone out there can help me.  A couple, who resided in PA, entered into a Civil Union in NJ in 2008.  They entered into the Civil Union in NJ because PA does not recognize Civil Unions.  Fast forward to 2013 and the parties want to dissolve their Civil Union.  However, neither party resides in NJ.  One resides in PA and the other Arizona. Both states do not recognize Civil Unions.   Can the dissolution take place in NJ regardless of the residency issue?  It seems to me that since NJ allowed the Civil Union in the first place, despite the residency issue, NJ should allow the dissolution.   Any help on this issue is greatly appreciated.

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Erin DeGeorge Esq.
DeTorres & DeGeorge LLC
Flemington NJ
(908)284-6005

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You clients are considered "wedlocked."  They entered into a civil union in a recognition state, but live in non-recogntion states which deny them access to relief in their state courts.

I represented a client in this situation.  I was able to convince a judge to use the judge's equitable powers and waive the residency requirement in order to grant the dissolution.

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William Singer Esq.
Belle Mead NJ
(908)359-7873

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Original Message:
Sent: 07-29-2013 14:33
From: Erin DeGeorge
Subject: Dissolution of Civil Union

I am hoping someone out there can help me.  A couple, who resided in PA, entered into a Civil Union in NJ in 2008.  They entered into the Civil Union in NJ because PA does not recognize Civil Unions.  Fast forward to 2013 and the parties want to dissolve their Civil Union.  However, neither party resides in NJ.  One resides in PA and the other Arizona. Both states do not recognize Civil Unions.   Can the dissolution take place in NJ regardless of the residency issue?  It seems to me that since NJ allowed the Civil Union in the first place, despite the residency issue, NJ should allow the dissolution.   Any help on this issue is greatly appreciated.

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Erin DeGeorge Esq.
DeTorres & DeGeorge LLC
Flemington NJ
(908)284-6005

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But, I would take a practical stand on this from you and your firm's standpoint.  There have been judges who have rejected granting equitable jurisdiction.  SO, I would either get paid well for the attempt with no guarantees obviously that it will work, or go down to the court to your PJ and have a heart to heart about the issue and see if he/she will be favorably disposed to this - I would suggest., as I am hoping to have the right case - that someone will BOTH pay me for my expertise in this and give a judge an opportunity to write an opinion on a really interesting and important equitable issue.

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Debra Guston Esq.
Glen Rock NJ
(201)447-6660

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Original Message:
Sent: 07-29-2013 14:41
From: William Singer
Subject: Dissolution of Civil Union

You clients are considered "wedlocked."  They entered into a civil union in a recognition state, but live in non-recogntion states which deny them access to relief in their state courts.

I represented a client in this situation.  I was able to convince a judge to use the judge's equitable powers and waive the residency requirement in order to grant the dissolution.

-------------------------------------------
William Singer Esq.
Belle Mead NJ
(908)359-7873

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Original Message:
Sent: 07-29-2013 14:33
From: Erin DeGeorge
Subject: Dissolution of Civil Union

I am hoping someone out there can help me.  A couple, who resided in PA, entered into a Civil Union in NJ in 2008.  They entered into the Civil Union in NJ because PA does not recognize Civil Unions.  Fast forward to 2013 and the parties want to dissolve their Civil Union.  However, neither party resides in NJ.  One resides in PA and the other Arizona. Both states do not recognize Civil Unions.   Can the dissolution take place in NJ regardless of the residency issue?  It seems to me that since NJ allowed the Civil Union in the first place, despite the residency issue, NJ should allow the dissolution.   Any help on this issue is greatly appreciated.

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Erin DeGeorge Esq.
DeTorres & DeGeorge LLC
Flemington NJ
(908)284-6005

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