NJSBA Family Law Section

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Lawrence Fox Esq.
Lawrenceville NJ
(609) 406-9300

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If both parties to a New Jersey same sex domestic partnership relocate out of New Jersey must one of them resume residency in New Jersey for 1 year for New Jersey to have jurisdiction to terminate the domestic partnership? 

I believe that you can file because the AOC directive (http://www.judiciary.state.nj.us/notices/n040915a.htm) indicates that there is a code for out of state termination of domestic partnerships (ODP-Out-of-State Termination of Domestic Partnership) and this status is somewhat unique to NJ. (Other states that have DPs such as Oregon have give couples rights/obligations that are more in line with NJ Civil Unions). I have had success in terminating a DP where the parties lived in NJ but for less than 1 year.  I know that there has also been success in at least two cases in getting the 1 year residency requirement for dissolution of civil unions waived where the parties were nonresidents and entered a NJ Civil Union that could not be dissolved in their home state. However, before you file, you might want to speak to FCM in the county where you are filing so that they know that this is coming and will not reject it outright because it is something that they do not see very often.


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Rebecca Levin Esq.
Marlton NJ
(215)843-6015

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Original Message:
Sent: 07-11-2013 16:53
From: Lawrence Fox
Subject: Jurisdiction For Termination of Domestic Partnership



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Lawrence Fox Esq.
Lawrenceville NJ
(609) 406-9300

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If both parties to a New Jersey same sex domestic partnership relocate out of New Jersey must one of them resume residency in New Jersey for 1 year for New Jersey to have jurisdiction to terminate the domestic partnership? 

I was aware of this Notice/Procedure.  I wonder if this can be extended to civil unions or same sex marriages where neither party lives in New Jersey anymore. (I realize this problem may be short-lived because of the increasing amount of constitutional attacks on mini-DOMAs (defense of marriage acts) in many states.)

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Leslie Farber Esq.
Montclair NJ
(973)509-8500

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Original Message:
Sent: 07-11-2013 17:44
From: Rebecca Levin
Subject: Jurisdiction For Termination of Domestic Partnership

I believe that you can file because the AOC directive (http://www.judiciary.state.nj.us/notices/n040915a.htm) indicates that there is a code for out of state termination of domestic partnerships (ODP-Out-of-State Termination of Domestic Partnership) and this status is somewhat unique to NJ. (Other states that have DPs such as Oregon have give couples rights/obligations that are more in line with NJ Civil Unions). I have had success in terminating a DP where the parties lived in NJ but for less than 1 year.  I know that there has also been success in at least two cases in getting the 1 year residency requirement for dissolution of civil unions waived where the parties were nonresidents and entered a NJ Civil Union that could not be dissolved in their home state. However, before you file, you might want to speak to FCM in the county where you are filing so that they know that this is coming and will not reject it outright because it is something that they do not see very often.


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Rebecca Levin Esq.
Marlton NJ
(215)843-6015

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Original Message:
Sent: 07-11-2013 16:53
From: Lawrence Fox
Subject: Jurisdiction For Termination of Domestic Partnership



-------------------------------------------
Lawrence Fox Esq.
Lawrenceville NJ
(609) 406-9300

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If both parties to a New Jersey same sex domestic partnership relocate out of New Jersey must one of them resume residency in New Jersey for 1 year for New Jersey to have jurisdiction to terminate the domestic partnership? 

Yes, unless the termination of the DP is based on adultery, which does not require 1 year residency. ------------------------------------------- Leslie Farber Esq. Montclair NJ (973)509-8500 -------------------------------------------
Original Message: Sent: 07-11-2013 16:53 From: Lawrence Fox Subject: Jurisdiction For Termination of Domestic Partnership ------------------------------------------- Lawrence Fox Esq. Lawrenceville NJ (609) 406-9300 ------------------------------------------- If both parties to a New Jersey same sex domestic partnership relocate out of New Jersey must one of them resume residency in New Jersey for 1 year for New Jersey to have jurisdiction to terminate the domestic partnership?

.. Unless 1 or both live in a state that recognizes the DP and will do the termination ------------------------------------------- Leslie Farber Esq. Montclair NJ (973)509-8500 -------------------------------------------
Original Message: Sent: 07-11-2013 16:53 From: Lawrence Fox Subject: Jurisdiction For Termination of Domestic Partnership ------------------------------------------- Lawrence Fox Esq. Lawrenceville NJ (609) 406-9300 ------------------------------------------- If both parties to a New Jersey same sex domestic partnership relocate out of New Jersey must one of them resume residency in New Jersey for 1 year for New Jersey to have jurisdiction to terminate the domestic partnership?

I agree with Leslie's analysis.  At this time, it will probably be difficult for any NJ DP couple to find another state that will terminate the DP - marriage states generally do not recognize the "lesser" status of a NJ domestic partnership.  There are some creative and unique solutions for parties who have settled cases; have no children or fore see any enforcement issues.  I am happy to speak with you about this.

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

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Original Message:
Sent: 07-11-2013 16:53
From: Lawrence Fox
Subject: Jurisdiction For Termination of Domestic Partnership



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Lawrence Fox Esq.
Lawrenceville NJ
(609) 406-9300

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If both parties to a New Jersey same sex domestic partnership relocate out of New Jersey must one of them resume residency in New Jersey for 1 year for New Jersey to have jurisdiction to terminate the domestic partnership?