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There was a time when living together in a long-term relationship and acting as husband and wife was considered under the law to be equal to marriage. That was called common law marriage and it was abolished by statute in New Jersey in 1939.
Since common law marriage ended, there are no longer any laws with guidelines for determining whether support should be awarded from one unmarried partner to another when their long-term relationship ends.
This Act gives homosexual partners and senior, heterosexual, unmarried couples various rights. To receive these benefits, the couple must file an Affidavit of Domestic Partnership with the local registrar. In order to qualify for registration, the couple must reside together, share living expenses, and share a bank account or some other property.
In New Jersey, a separation agreement is any legal document signed by both spouses outlining the terms of the separation. Subjects resolved in a separation agreement can include child support, child custody, debt allocation and asset distribution. Notarizing the document ensures its validity, since there is no such case-type in New Jersey that provides for a "legal separation." Spouses wanting child support during the separation period, however, must file a claim with the New Jersey probation department.
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