The Rights Of Unmarried Couples In New Jersey
In the past, if a couple lived together for a certain length of time, they were considered to have a “common-law marriage.” However, that rule no longer applies in New Jersey. The only way to attain the rights and privileges of a married couple is to get legally married. This does not mean that unmarried couples are left without any rights when they break up. Issues concerning support, child custody and paternity may still need to be settled. It is important to have an experienced lawyer in your corner to help you navigate the legal processes.
At the Law Office of Edward Fradkin, LLC, our attorney brings more than 25 years of legal experience to family law cases. If you have questions concerning your rights in an unmarried relationship, call us at 732-702-0612 to schedule a free initial consultation.
Custody, Support And Property Division Determinations
If an unmarried couple has a child together and they have both asserted their parental rights, issues concerning child custody will be determined much in the same way that they would following a divorce. If parents are unable to agree on a custody plan, the court will reach a determination that is in the child’s best interests. The court applies a number of different factors depending on the facts of the case in order to decide what is in the child’s best interest. Legal guidance is essential when it comes to child custody issues.
Guidelines set forth by the state determine child support payment amounts. The expected amount can change depending upon each parent’s circumstances. Spousal support, or alimony, is not available to unmarried couples. However, palimony may be awarded to a long-term partner when a relationship has come to an end. We can let you know what your options are when it comes to palimony.
When it comes to property division, the court will attempt to reach a fair result. There is no specific set of factors that courts will turn to when making a decision, but some things they may consider include whether a couple lived together, had joint banking accounts, made joint purchases or otherwise possessed an equal interest in their property.
Property Partition Actions In New Jersey
When co-owners cannot agree on what to do with shared property, a partition action may provide a court-supervised solution. Partition is most commonly used for real estate, such as a home or other jointly owned property, and it can arise after a breakup, a business dispute or even during a divorce when the parties are unable to reach a voluntary agreement on sale or buyout terms.
In a partition case, the court may order:
- Partition in kind: A physical division of the property between the owners. This is usually only practical for certain types of land.
- Partition by sale: A court-ordered sale of the property, with the net proceeds divided based on each party’s ownership interest. The court may also address related issues such as liens, mortgages and appropriate credits for payments made toward the property.
Partition concepts can also apply when co-owners of a closely held business cannot agree on a separation, valuation or sale. We help clients evaluate their rights, gather the necessary financial information and pursue a fair resolution through negotiation or litigation when needed.
Establishing Paternity In New Jersey
In some cases, there may be a question as to who a child’s biological father is. Determining paternity can benefit both parents. The mother can request financial support from the father. The father can assert his parental rights and enjoy a relationship with his child.
In New Jersey, unmarried mothers receive automatic full legal and physical custody at birth. That does not mean fathers are without options, but it does mean that legal steps are often required to protect parental rights.
- Establishment: Fathers must take proactive legal steps to gain rights, such as signing a Certificate of Parentage (COP) at the hospital or filing a paternity petition with the Family Court. Once paternity is confirmed, child support, custody and parenting time can be addressed through an enforceable court order.
- Equal standing: Note that once paternity is legally established, fathers have equal standing with mothers to petition for custody and visitation. We represent both mothers and fathers in paternity proceedings.
Understanding how paternity is established is often the first step toward creating clear, enforceable arrangements for parenting time, custody and child support.
New Jersey Domestic Partnership Rights: Questions Answered
Couples in unmarried partnerships in New Jersey benefit from clarity about their legal rights, especially when they share a home or long-term financial responsibilities. The answers to these questions can help you understand how state law treats domestic partnerships and nonmarital relationships.
Does New Jersey have common-law marriage?
New Jersey no longer recognizes common-law marriage and eliminated the ability to form these unions in 1939. This means that no matter how long a couple lives together or how committed they are, they do not gain the legal status or protections of marriage without formally marrying under state law.
In other words, property, support and decision-making rights are not automatic. These rights must be created through written agreements or proper estate planning. This is particularly important for New Jersey couples who share finances and have cohabitated for a long time.
Can I get alimony if we were not married?
No, traditional alimony is not available to unmarried partners in New Jersey because alimony is tied to legal marriages. However, some may qualify for palimony, which is financial support based on a written promise between unmarried partners.
Palimony requires a signed agreement that clearly states one partner’s commitment to provide financial support, and courts will only consider claims that meet this written requirement. Palimony is treated as a contract claim, and the court will examine the clarity of the agreement, the intent of the parties and the circumstances surrounding the promise. Unmarried partners should put financial commitments in writing to avoid disputes later.
Do unmarried same-sex couples have different rights than opposite-sex couples?
No, same-sex and opposite-sex unmarried couples are treated the same under New Jersey law when it comes to domestic partnerships and palimony. Domestic partnership rules apply equally to all eligible couples, and palimony laws do not distinguish based on gender or sexual orientation.
What matters is whether the couple meets the criteria for a domestic partnership or has a valid written palimony agreement. Same-sex partners who share a household or combine financial responsibilities must know how New Jersey treats unmarried relationships. A wise next step is safeguarding their rights with well‑crafted agreements and careful planning.
Contact Our Freehold Family Law Attorney
The end of a relationship does not necessarily mean that you will be left with nothing. To find out how we can help protect your interests, call our law office in Freehold at 732-702-0612 for a free initial consultation. You may also contact us online.