The Nevada legislature statutorily adopted domestic partnerships in 2009. Since the Nevada Constitution forbids the recognition of marriages other than that between a man and a woman, a Nevada domestic partnership offers two contracting persons the opportunity to acquire many substantive state-level rights formerly accorded only to a valid marital union – e.g., community property rights, the right to the receipt of financial support, and possible parental or custodial rights.
Nevada’s Domestic Partnership Act is codified at Chapter 122A of the Nevada Revised Statutes. The Act establishes a registration process for two qualified persons (competent persons with a common residence, neither of whom are then married or a member of another domestic partnership; not related by blood in a way that would otherwise prohibit marriage as defined by Nevada law; and over the age of 18) to enter into a social contract via a filed declaration that that they “have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.” The resulting domestic partnership extends substantive legal rights, duties, protections, and benefits to both domestic partners as specified in NRS 122A.200, in a breadth and scope that is similar to those conferred upon spouses, former spouses, and surviving spouses.
Once a domestic partnership is registered with the Nevada Secretary of State, it can be dissolved in one of two ways. A “simplified” termination procedure exists only if (a) the domestic partnership has been registered for five (5) years or less; (b) no children of the relationship exist, or issues of custody and child support have been resolved; (c) no community or joint property or debts exist, or those issues have been resolved; (d) mutual support rights have been waived, or those issues have been resolved; and (e) the right to pursue more comprehensive dissolution proceedings under NRS Chapter 125 have been waived. In all other circumstances, a domestic partnership must be terminated by following the procedures otherwise applicable to marital dissolution proceedings under NRS Chapter 125.
Broadly speaking, domestic partnership found its origins in the societal movement to confer legal status to same-sex relationships, in a manner that was previously either non-existent or limited to jurisdictions that recognized same-sex marriage. Many believe, however, that when viewed through the prism of marriage equality, domestic partnership is a vehicle that extends “second class citizen” status to same-sex couples. In Nevada domestic partnerships, for example, the Act establishes that neither public or private employers are required to offer health care benefits to or for a domestic partner of that employer’s officer or employee. It is also a compelling fact that domestic partners currently receive no rights conferred upon legally married couples under the terms of U.S. federal law, including social security benefits, military benefits, federal income tax filing status, or immigration status.
One little-recognized quirk of Nevada domestic partnership is that it is available to either same-sex couples or heterosexual couples. Indeed, it is believed that Nevada is one of the only state jurisdictions to permit heterosexual couples to enter into a domestic partnership without any applicable age directives. This may be viewed as preferable by opposite-sex couples who are opposed to the concept of marriage, or who wish to limit the rights and obligations that would otherwise accrue by virtue of legal marriage.
Needless to say, the concept of marriage in the United States is constantly and rapidly evolving. The issue may eventually be ripe for judicial clarification by the U.S. Supreme Court. The Nevada family law attorneys at Pecos Law Group remain available to provide legal guidance on these seemingly ever-changing issues.