Legal Question in Family Law in New Jersey
My husband and i live in nj, we got married in ny. Does nj recognize our gay marriage as anything? I elected to change my last name but have not changed everything over yet.We got married on january 9
1 Answer from Attorneys
I am NOT an expert in this area, but I have been practicing family law in New Jersey for...a long time. But I can tell you the following:
This area of law is in transition, and the courts of many states have not yet ruled on this.
The 'Full Faith And Credit" clause of the United States Constitution requires each state to give full faith and credit to the laws of other states. BUT that does not mean that other states must recognize gay marriages. This will remain unclear until courts rule on the issue. Of course, if the United States Supreme Court rules on this issue, then it will be binding on all 50 state.
The Federal 'Defense Of Marriage' Act may be used by the courts to rule against recognition of NY gay marriages in other states; again, until the courts rule, this is unclear.
New Jersey has 'civil unions'. This is not the same as marriage.
To tell you anything more definite, I would have to research this and advise you. I suspect that there will be lawsuits on this topic in the near future, to get the courts to rule on this area of law.