Domestic Partnership in Nevada
Page Law is experienced in handling Nevada domestic partnership agreements for all situations, including making certain that both partners clearly understand their rights and obligations before moving forward.
Nevada recognizes domestic partnerships for unmarried couples (either those in a same sex relationship or domestic partners of the opposite sex) in a committed relationship. Recognized domestic partnerships have essentially the same rights and protections as married couples as well as the same duties, obligations and responsibilities. Before entering into a domestic partnership in Nevada, it is important to understand what these are and what they will mean for each partner and for the partnership.
To qualify for domestic partnership the intended partners must meet the following criteria:
- The parties declare they have a committed relationship described as “intimate” and being of mutual love or caring.
- The individuals share a common residence
- Neither party is married or in a domestic partnership with a third party
- The parties are not related by blood
- Both are at least 18 years of age
- Both parties are capable of consenting to the domestic partnership
Couples who have registered in a domestic partnership or were married in a same-sex marriage in another state may register in Nevada by filing a Domestic Partnership Declaration form with the Secretary of State.
Special issues with Domestic Partnerships
Domestic partnerships established in Nevada may or may not be recognized in other states. The landscape for same-sex marriage is changing rapidly so registrants should check with any outside jurisdiction if they intend to pursue relocation or invest in or purchase property as domestic partners in an out of state jurisdiction.
In addition, couples in the following categories should consult an attorney before entering into a domestic partnership:
- Members of the military
- Couples where one partner is not a US citizen
- Couples in which one or both partners are receiving Social Security or Medicare benefits
- Couples intending to pursue foreign adoption of a child
Terminating a Domestic Partnership in Nevada
There is a simplified process for terminating a domestic partnership if it meets the following criteria:
- The partnership is less than five years old
- There are no minor children without a written custody agreement in place and no known pregnancy
- There is no joint or community property or an agreement detailing division of property is in place
- Partners have waived or agreed right to financial support in writing
- Partners have waived right to a judicial dissolution of the partnership
If one of the partners does not waive the right to a dissolution, a Petition for Dissolution must be filed.
If you are in a domestic partnership, or would like to establish one, Page Law Office can help you learn about the process and prepare the right path for your situation. Please call our office or contact us for more information.