In spite of the support of the Family Law Section, the Court did not adopt a rule change to 5:7-1 Venue to expand the Court's jurisdiction over non-resident civil union partners needing to have their civil union dissolved. It had previously expanded the reach to non-resident registered domestic partners, so this failure does not make any sense whatsoever. I am very disappointed. Our only other shot at this would be through legislation and with our governor set to remain in office I cannot see any positive legislative results for the LGBT community in the hear term.
This leaves many people in limbo, as with marriage equality across the country and based on prior alternative relationship statuses, many states will not dissolve a civil union, as they have no statutory frame of reference.
The continued recommendation, if a client cannot get the CU dissolved in their home state, is to 1) speak with the PJ of the Family Court in the county where the CU was formed and see if they will allow a filing based on an equitable basis that no where else can the client have the CU dissolved; and 2) if not, at least advise the client to speak with counsel in their locality to determine other means of securing contractual relief from obligations going forward.
I also cannot stress enough that lawyers have an obligation to advise clients that even though a marriage license asks if they are currently married (and therefore not free to marry another person), licenses around the country will NOT ask if they are in a civil union. The license process may ask if they are free to marry. NJ Civil Unions are still statutorily a marriage-equivalent and here would prohibit a CU partner from marrying someone other than their CU partner. Doing so in another state, I believe, is or at least may be entering into a void or voidable marriage; bigamy or perjury for false swearing on a license application. This is our job to remind people - in writing - so nothing comes back around to us when something goes very wrong. For this reason, I have started charging consultation fees for out of state inquirers and having more substantive conversations rather than simple 5 minute "can't do that" talk - they get something valuable from me - advise on how not to mess up their lives - and I perceive that I take some risk that they will not hear me, listen to me or heed my advice and I don't want to bear the brunt of it when they come back later with problems.
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Debra Guston Esq.
Glen Rock NJ
(201)447-6660
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