Parties who entered into a domestic partnership while they were residents of New Jersey and now reside in another jurisdiction may seek relief in New Jersey.
If the state in which the parties now reside does not recognize or does not permit a dissolution of a domestic partnership, then New Jersey may allow for a dissolution. The complaint must be filed in the county in which the domestic partnership was issued and you must attach proof that the jurisdiction where the parties currently reside does not permit a dissolution. The court cannot award alimony in a dissolution of a domestic partnership because there was no marriage and, thus, no entitlement to alimony under the statute.
The application can move forward much faster if you have an agreement resolving any outstanding issues, which should be submitted with the complaint. If both parties want the dissolution granted and cooperate with the process, then the court will allow the dissolution of the domestic partnership. Remember that a domestic partnership is not the same as a civil union, so it does not fall into the same category as a dissolution of a domestic partnership.
Joseph P. Cadicina Esq. is a matrimonial/family-law attorney and a partner with Laufer, Dalena, Cadcina, Jensen & Bradley, LLC in Morristown, New Jersey. He can be reached at (973) 285-1444. View her firm’s Divorce Magazine profile.