Domestic partnerships are a legally recognized relationship status offering certain rights and responsibilities similar to marriage, but without being classified as marriage itself. This concept is crucial for couples who seek legal recognition and protections but may not wish to or be eligible for marriage. Understanding what domestic partners are, especially within specific legal frameworks like the Nevada Domestic Partnership Act, is essential for individuals considering this option.
Defining Domestic Partners and Domestic Partnership
In Nevada, as outlined in the Nevada Domestic Partnership Act (NRS Chapter 122A), the terms “domestic partners” and “domestic partnership” are clearly defined.
Domestic Partners are defined as individuals who have:
- Registered a valid domestic partnership with the Nevada Secretary of State or have a recognized domestic partnership from another jurisdiction that Nevada acknowledges.
- Not terminated that domestic partnership through legal procedures.
This definition emphasizes the formal and legal nature of a domestic partnership. It’s not simply living together; it requires a registration process or recognition of a similar legal union from elsewhere.
Domestic Partnership itself is defined as the social contract between two persons that is either formally registered in Nevada or recognized by Nevada because it was established in another jurisdiction and is substantially equivalent to a Nevada domestic partnership. This definition highlights the contractual aspect of the relationship, implying mutual obligations and rights under the law.
Eligibility for Domestic Partnership in Nevada
To enter into a domestic partnership in Nevada, individuals must meet specific eligibility requirements. These are designed to ensure the partnership is entered into freely and by eligible adults. According to NRS 122A.100, both persons must:
- Have a common residence: This means sharing a place of residence, even if ownership or occupancy is in only one partner’s name, and regardless of whether either partner has additional residences. This requirement signifies a shared life and household.
- Not be married or in another domestic partnership: This is a fundamental requirement ensuring exclusivity, similar to marriage laws. Individuals must be legally single and not already in a recognized domestic partnership.
- Not be related by blood in a way that would prohibit marriage in Nevada: This prevents domestic partnerships between close relatives, aligning with incest prohibitions in marriage laws.
- Be at least 18 years of age: Both partners must be legal adults, capable of entering into legal contracts.
- Be competent to consent to the domestic partnership: This ensures both individuals understand and willingly agree to the terms and responsibilities of a domestic partnership.
These criteria ensure that domestic partnerships in Nevada are formed by consenting, eligible adults who intend to share their lives in a committed relationship.
Registration Process for Domestic Partnership in Nevada
Registering a domestic partnership in Nevada involves a formal procedure with the Secretary of State. This process, detailed in NRS 122A.100, includes:
- Filing a signed and notarized statement: This statement, on a form prescribed by the Secretary of State, must declare that both persons:
- Have chosen to share their lives in an intimate and committed relationship of mutual caring.
- Desire of their own free will to enter into a domestic partnership.
- Paying a filing fee: A reasonable fee, set by the Secretary of State, is required to cover administrative costs associated with registration and issuing the Certificate of Registered Domestic Partnership.
Upon fulfilling these requirements, the Secretary of State’s office will issue a Certificate of Registered Domestic Partnership, officially recognizing the legal union in Nevada. It’s important to note that NRS 122A.110 clarifies that a solemnization ceremony is not required for a domestic partnership to be legally binding. Whether partners choose to have a ceremony or blessing is a personal decision, separate from the legal registration.
Rights and Duties of Domestic Partners in Nevada
One of the most significant aspects of domestic partnerships is the legal rights and responsibilities they confer. In Nevada, NRS 122A.200 explicitly states that domestic partners have extensive rights and are subject to the same responsibilities as spouses under Nevada law. This encompasses laws, regulations, court rules, government policies, and common law. Specifically, this means:
- Equivalent Rights and Responsibilities to Spouses: Domestic partners are granted the same rights, protections, and benefits, and are subject to the same responsibilities, obligations, and duties as married couples under Nevada law. This broad statement aims to ensure equal legal standing in Nevada.
- Rights Regarding Children: The rights and obligations of domestic partners concerning a child of either partner are identical to those of spouses. This includes aspects like custody, support, and parental rights.
- Non-discrimination: Public agencies in Nevada are prohibited from discriminating against individuals or couples based on their status as domestic partners rather than spouses.
- Construction of Gender-Specific Terms: Where necessary to protect the rights of domestic partners, gender-specific terms related to spouses in Nevada law must be interpreted to include domestic partners.
- Community Property and Debts: Domestic partnership is treated similarly to marriage regarding community property, mutual responsibility for debts, and rights concerning property ownership between partners. The date of domestic partnership registration is considered equivalent to the date of marriage for these purposes.
However, it’s also important to note NRS 122A.210, which clarifies that neither public nor private employers in Nevada are required to offer health care benefits to domestic partners of employees. However, employers are also not prohibited from voluntarily offering such benefits. This distinction highlights that while domestic partnerships provide broad legal rights, certain benefits, like employer-provided health insurance, are not automatically mandated.
Termination of Domestic Partnerships
Just as with marriage, domestic partnerships can be terminated. NRS 122A.300 outlines the procedures for termination in Nevada. Generally, the process mirrors divorce proceedings (Chapter 125 of NRS). However, there is a simplified termination process available under specific conditions.
Simplified Termination is possible if the domestic partnership meets all of the following criteria at the time of filing for termination:
- The partnership has been registered for 5 years or less.
- There are no minor children born to or adopted by the partners during the partnership, and no partner is pregnant. Or, if there are children, the partners have an agreement on custody and support.
- There is no community or joint property, or the partners have a written agreement on property division and debt responsibility.
- Both partners waive any rights to support (alimony) or have a written agreement on support.
- Both partners waive the right to more comprehensive legal proceedings (i.e., standard divorce procedures).
If these conditions are met, the domestic partnership can be terminated by filing a signed and notarized statement with the Secretary of State and paying a filing fee. This simplified process is designed for partnerships with minimal entanglements. Otherwise, standard legal procedures similar to divorce must be followed.
Recognition of Out-of-State Domestic Partnerships
Nevada law also addresses domestic partnerships formed in other jurisdictions. NRS 122A.500 mandates that Nevada will recognize legal unions from other states that are “substantially equivalent” to Nevada domestic partnerships, even if they are called something else (like civil unions). This ensures that individuals moving to Nevada with a valid domestic partnership from another state will have their relationship recognized in Nevada.
Domestic Partnership vs. Marriage in Nevada
Finally, it’s important to understand the distinction between domestic partnership and marriage in Nevada. NRS 122A.510 explicitly states that a domestic partnership is not marriage for the purposes of Section 21 of Article 1 of the Nevada Constitution. This section of the Nevada Constitution previously defined marriage as between a man and a woman. While this constitutional definition has been superseded by federal law and Supreme Court rulings on same-sex marriage, the Nevada statute clarifies that domestic partnerships are a separate legal status from marriage under Nevada law.
In conclusion, domestic partnerships in Nevada offer a robust legal framework for couples who desire a formally recognized relationship with rights and responsibilities similar to marriage, as defined and regulated under the Nevada Domestic Partnership Act. Understanding the definition, eligibility, registration, rights, termination, and recognition of domestic partnerships is crucial for anyone considering this legal option in Nevada.
