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Domestic Partnership in New Jersey
  Frequently Asked Questions

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General

When did Domestic Partnership take effect?

Domestic Partnership became effective on July 10, 2004.

How do I register my Domestic Partnership?

Applicants must obtain an Affidavit of Domestic Partnership. The Affidavit must be completed and signed by both applicants at the same time, in the presence of a notary. The applicants must appear together to file with a Local Registrar of Vital Statistics and the required fee of $28 remitted. Domestic Partnerships are not considered registered until the Affidavit has been filed with the Local Registrar’s Office and the Certificate of Domestic Partnership has been issued.

What documents do I need to bring with me to register my Domestic Partnership?

Each applicant must supply valid identification that establishes name, age, date of birth and proof of residency. This may be supplied by one or more documents issued by a government agency, such as a certified copy of a birth certificate, driver’s license, military identification or state/county identification card.

What other documents can I use to establish identity and residency if I don’t have an automobile driver’s license?

A registration or operator’s license for any motorized vehicle that must be registered with the Motor Vehicle Commission will be accepted. Motorized vehicles include motorcycles, boats and motor homes, to name a few. A passport or county issued ID will establish identity. A mortgage, lease, tax records or utility bills will establish residency.

How much does it cost to register a Domestic Partnership?

The fee for registering a domestic partnership is $28.

What are the requirements for registering a Domestic Partnership?

Couples wishing to register a Domestic Partnership must be same sex couples or opposite sex couples who are both 62 years of age or older. Couples must meet the following requirements:

  1. Share a common residence in New Jersey or any other jurisdiction provided that at least one of the applicants is a member of a New Jersey State-administered retirement system;
  2. Both persons are jointly responsible for each other’s common welfare as evidenced by joint financial arrangements or joint ownership of real or personal property;
  3. Both persons agree to be jointly responsible for each other’s basic living expenses during the domestic partnership;
  4. Neither applicant is in a marriage recognized by New Jersey law or a member of another domestic partnership;
  5. Neither person is related to the other by blood or affinity up to and including the fourth degree of consanguinity;
  6. Both persons have chosen to share each other’s lives in a committed relationship of mutual caring;
  7. Neither applicant has terminated another domestic partnership within the last 180 days. (This prohibition shall not apply when the previous partnership ended due to the death of the other partner).

What if I don’t live in New Jersey?

If the residence is outside the State of New Jersey, at least one of the applicants must provide proof of membership in a New Jersey State-administered retirement system by providing one of the following documents issued by the Division of Pensions and Benefits:

  1. A Personal Benefits Statement from the current or previous year;
  2. a 1099R from the current or previous year or
  3. a Certificate of Pension Membership.

Is my Domestic Partnership recognized in other states?

Many states do not currently recognize domestic partnerships that have been registered in New Jersey or may not have determined if they will recognize the partnership. You must contact the state in question to obtain accurate information.

What is consanguinity?

Consanguinity is generally used to refer to someone related by blood. Simply stated, individuals who are first cousins or more distantly related meet the requirement of not being related to the fourth degree of consanguinity.

How do I show proof of my registered Domestic Partnership?

To show proof of a Registered Domestic Partnership, you must obtain a certified copy of the Certificate of Domestic Partnership. A certified copy can be obtained from the Local Registrar of Vital Statistics where the Partnership was registered or at the State Registrar’s Office of Vital Statistics. To obtain the certificate, you must identify the date and location of the filing for the Domestic Partnership, and provide identification to establish yourself as one of the partners listed on the document. Fees for certified copies vary by municipality.

Where are these documents filed?

The Local Registrar in the municipality in which you register your Domestic Partnership will retain a copy of both the Affidavit of Domestic Partnership and the Certificate of Domestic Partnership. These documents will also be retained at the State Bureau of Vital Statistics, Office of the State Registrar.

How do I find the Local Registrar?

A listing of the current Local Registrars, their phone numbers and address can be found by accessing the following webpage www.state.nj.us/health/vs/regbycnty.shtml

What if I want to end my Domestic Partnership?

In order to end a Domestic Partnership, you must file a request for termination with the Superior Court of the State of New Jersey. Following termination, you are responsible for notifying any entity that you had originally notified when you entered into the Domestic Partnership.

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Affidavit

Where do I go to get an Affidavit of Domestic Partnership?

The Affidavit of Domestic Partnership must be obtained from a Local Registrar of Vital Statistics in any municipality throughout the State of New Jersey. The Affidavit of Domestic Partnership does not have to be obtained (or filed) in the municipality in which the domestic partners reside. A list of Local Registrars is available by accessing the Department of Health website at www.state.nj.us/health/vs/regbycnty.shtml

Where do I file my Affidavit of Domestic Partnership?

The Affidavit of Domestic Partnership must be filed and registered with the Local Registrar of Vital Statistics in any municipality in the State of New Jersey. The Affidavit of Domestic Partnership does not have to be filed or registered in the municipality in which the domestic partners reside.

Who can notarize the Affidavit of Domestic Partnership?

A notary public or an attorney can notarize the Affidavit of Domestic Partnership. Many Local Registrars’ offices have a notary public on staff, and in these offices, you can obtain the Affidavit and have it notarized and filed all in one stop. If the Local Registrar’s office does not have a notary on staff, you must take the Affidavit elsewhere to be notarized and then file it with a Local Registrar.

Do we both have to be there together to have the Affidavit notarized?

Yes, the Affidavit and the law are designed so that the couple must appear before the notary together to attest to the items on the Affidavit and then sign together.

Do we both have to be there to file the Affidavit of Domestic Partnership?

Yes, both partners must sign the Certificate of Domestic Partnership that is created once the Affidavit has been filed with the Local Registrar. Your signature on the Certificate of Domestic Partnership indicates you have received copies of the Affidavit and Certificate of Domestic Partnership as well as the Notice of Rights and Obligations, as required by law.

Does a female have to use her maiden name if she was previously married and kept her married name?

No, unlike marriage there is no requirement that the female register under her maiden name. She may choose to register under her maiden name or her current legal name.

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Certificate

What is a Certificate of Domestic Partnership?

A Certificate of Domestic Partnership is the document that is prepared by the Local Registrar after you have filed your signed and notarized Affidavit of Domestic Partnership. Each partner is presented with an informational copy of t he Certificate at the time it is prepared. This informational copy is only issued as your receipt that your Domestic Partnership has been registered; it serves no legal purpose. Each partner will also receive a copy of the Affidavit of Domestic Partnership and a copy of the Notice of Rights and Obligations for Domestic Partners.

How long after we file the Affidavit of Domestic Partnership do we have to wait to get the Certificate of Domestic Partnership?

The Certificate of Domestic Partnership is to be completed immediately upon the filing of the signed and notarized Affidavit of Domestic Partnership.

What should we bring with us when we file the Affidavit of Domestic Partnership?

  1. Each applicant must supply valid identification that establishes name, age and date of birth. This may be supplied by one or more documents issued by a government agency, such as a certified copy of a birth certificate, driver’s license, military identification or state/county identification card.

  2. Applicants must bring with them proof of their residence. If the residence is outside the State of New Jersey, at least one of the applicants must provide proof of membership in a New Jersey State-administered Retirement System by providing one of the following documents issued by the Division of Pensions and Benefits:
    a Personal Benefits Statement from the previous year;
    a 1099R from the previous year, or
    a Certificate of Pension Membership.
  3. Applicants must provide proof of a joint financial responsibility, evidenced by at least one of the following documents:
    a. Joint deed, mortgage agreement or lease;
    b. Joint bank account;
    c. Designation of one of the persons as primary beneficiary in the other person’s will;
    d. Designation of one of the persons as primary beneficiary in the other person’s insurance policy or retirement plan; or:
    e. Joint ownership of a motor vehicle.
  4. Payment in the amount of $28.00.

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Certified copies of Domestic Partnership

Where do I obtain a certified copy of my Domestic Partnership?

A certified copy of the Certificate of Domestic Partnership can be obtained from the Local Registrar’s office where the partnership was registered or from the Office of Vital Statistics and Registry.

What is the cost for a certified copy of my Domestic Partnership?

The Office of Vital Statistics and Registry charges $25 for the first copy and $2 for each additional copy ordered at the same time. The fees for certified copies from the Local Registrar’s office are set by local ordinance and therefore vary greatly.

Who can get a certified copy of my Domestic Partnership?

The two individuals who registered the domestic partnership, their immediate family or legal representative.

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Resources

For information relating to Pensions or Health Benefits please access their website at http://www.state.nj.us/treasury/pensions and click on the link for Domestic Partnership or (609) 292-7524.

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Maintained by Office of Vital Statistics and Registry for information on registering, amending or obtaining copies of vital records please contact us toll-free nationwide at 1-866-649-8726 or for individuals within the 609 area code at (609) 292-4087.


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Last Modified: Friday, 06-Jul-12 16:57:49