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Domestic Partnership (“DP”) and Civil Union (“CU”) Acts have opened the door to various benefits for same-sex couples in New Jersey. Along with the benefits come issues and unanswered financial questions that family law practitioners and financial advisers must consider should the relationship end.
A number of states and municipalities have enacted legislation providing for some level of domestic partnership or civil union recognition, while others have taken a polar opposite position. Over 30 states have enacted legislation specifically banning marriage between same-sex couples, while only Massachusetts, Connecticut, New Hampshire, Vermont and Iowa have specifically and categorically mandated the existence of such marriages. New York recognizes same-sex marriages from other states, but does not allow its own citizens that same opportunity. In January 2010, the New Jersey Senate rejected a same-sex marriage bill. The national debate over “same-sex” marriage continues, with implications that will certainly have an effect on the positions being taken on state and local levels of government.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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