Frequently Asked Questions about Nevada Domestic Partnerships
A Practical Guide for Same-Sex (and Opposite-Sex) Couples

*Warning: This FAQ is for educational purposes only and not intended to serve as legal advice. For specific answers to your individual situation, please see an attorney.*

What does it mean to register as domestic partners in Nevada?

In 2009, the Nevada legislature passed Senate Bill 283 which establishes a domestic partnership registry that allows same-sex and opposite-sex couples the opportunity to register their domestic partnership with the Secretary of State’s Office. Couples who register as domestic partners receive the same state legal protections for their relationships as married couples. S.B. 283 (2009) went into effect on October 1, 2009.

How does the new domestic partnership law change things?

S.B. 283 mandates that within the state of Nevada and under Nevada law, domestic partners “have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon spouses.” (S.B. 283 § 7(1)(a)) Thus, according to the new law, a domestic partnership should be treated like a marriage under state law. This means that state property laws, family laws, probate laws and any other state law that applies to a married couple, would also apply to domestic partners. Nevada’s domestic partnership registry is available to same-sex and opposite-sex couples.

Who is eligible to register as domestic partners?

In order to register as domestic partners:

• Both of the partners must be over 18 (18 is the age requirement for both same-sex and opposite-sex couples) and competent to consent to the partnership;
• The partners must share a common residence (there is no minimum time required for living in the common residence and the residence does not have to be in Nevada);
• Neither partner may be married or registered in a domestic partnership to anyone other than the person they are seeking a Nevada Domestic Partnership with;
• The partners must not be related by blood in a way that would prevent them from being married in the state (not nearer than second cousins);
• Both partners must be competent to consent to the partnership.

How do we enter into a domestic partnership?

Individuals wishing to register as domestic partners under Nevada’s new law must file a Domestic Partnership Declaration Registration Form. The one-page registration form is available on the Nevada Secretary of State’s website at http://www.nvsos.gov. The form must be filled out completely and the signatures of each partner notarized separately. The registration fee is $50 and includes a black and white certificate. A ceremonial certificate is available for an additional $15. Once the form is completed it must either be mailed to, or dropped off at, the Secretary of State’s Las Vegas office or Carson City office. Partners must also indicate on the form whether they would like to have the certificate mailed to them or they can pick up it in person at the Secretary of State’s Offices in Carson City or Las Vegas.

For those couples who can’t wait a few days, the Secretary of State’s Office provides a two-hour expedited processing of Domestic Partnership Registrations, which guarantees couples their certificate on the same day. This service is available by appointment only. Please call 702-486-2887 (Las Vegas) or 775-684-7195 (Carson City) between the hours of 8:00 am and 5:00 pm Monday to Friday to set up an appointment. There is an additional $100 fee for expedited service.

Do we have to be Nevada residents to register as domestic partners?

No. You and your partner must share a residence (at least part-time), but it does not have to be in Nevada, and you do not have to live in Nevada or even visit Nevada in order to register as domestic partners.

Do we have to have a ceremony?

No. Unlike marriage, a Nevada domestic partnership does not require a solemnization ceremony. All that you have to do is fill out the form and send it in. However, couples are not prohibited from having any kind of ceremony they choose. (S.B. 283 § 12).

We already have a same-sex marriage/civil union/domestic partnership in another state/country. Will we need to register in Nevada to take advantage of Nevada’s domestic partnership protections?

Yes. S.B. 283 § 10 states that a legal union of two persons, (other than a heterosexual marriage), that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership, must be recognized as a valid domestic partnership in Nevada. However, the next sentence in section 10 states that for such a union to be recognized as a valid domestic partnership in this State, the parties desiring such recognition must comply with the registration requirements. These two provisions in S.B. 283 seem to contradict each other. Out of an abundance of caution, and until law makers or the courts provide clarification, couples are advised to re-register in Nevada.

I entered a marriage/civil union/domestic partnership in another state with my ex-partner, but we never filed for divorce/termination. Can I now get a domestic partnership with my new partner?

No. S.B. 283 § 6(2), states that you and your current domestic partner cannot register as domestic partners if you (or your current partner) are still married or still domestically partnered to another person. You will have to obtain a legal divorce/termination from your ex-partner before you can register with your new partner.

What legal protections and obligations do we get if we register as domestic partners?

It would be impossible to list all the legal protections and obligations afforded to domestic partners; however the following list provides a sample of some of the more important benefits. Under Nevada law, couples who register as domestic partners have:

• the right to hold property as community property. There is a legal presumption that any property acquired by you or your partner during the partnership belongs equally to both of you, regardless of who paid for it or who holds title;
• upon termination of the partnership, a right to a share of the property acquired during the partnership, regardless of who paid for it or who holds title;
• the right to receive a portion of your partners property if he or she dies without a will;
• the right to hospital visitation;
• the right to make medical decisions if your partner becomes incapacitated;
• the right to sue for wrongful death of your partner;
• the right not to testify against your partner in court;
• the right to use stepparent adoption procedures to adopt a partner’s child;
• the responsible for a portion (usually half) of the debt assumed during the partnership, regardless of whether the debt is in your name or your partner’s name;
• upon dissolution of the partnership, you or your partner may be entitled to spousal support

How does the law affect parental rights?

It is unclear at this time. S.B. 283 § 7(1)(d) states “The rights and obligations of domestic partners with respect to a child of either of them are the same as those of spouses.” Under Nevada law, a child born into a marriage is presumed to be the child of the husband and wife. Because the Domestic Partnership law is new, however, it is presently unclear how this will apply to same-sex couples. Same-sex couples are encouraged to do a step-parent adoption to ensure that both parents are treated as the child’s legal parents.

If we get a domestic partnership, will that mean that my spouse automatically becomes the legal guardian of my children born before we registered as domestic partners?

No. This never happens; not even with marriages. Even if you were to get married to a person of the opposite sex in Nevada, your spouse would not automatically become the legal guardian of a child born prior to the marriage. You would have to go to court and file for a step-parent adoption. So just as with married couples, domestic partners never automatically receive parental rights to their partner’s children from prior relationships.

If we get a domestic partnership, will it be easier for my partner and me to jointly adopt a child together?

S.B. 283 § 7(1)(a) states that domestic partners “have the same rights, protections and benefits… as are granted to and imposed upon spouses,” and S.B. 283 § 7(1)(d) states “the rights and obligations of domestic partners with respect to a child of either of them are the same as those of spouses.” Under Nevada law, a married couple can adopt a child together and, because S.B. 283 gives domestic partners the same rights as married couples under state law, domestic partners can now also adopt jointly, thereby eliminating the expense and inconvenience of having to go through two legal proceedings to adopt one child.

Will our domestic partnership be valid outside of Nevada?

Yes and no. Even if you don’t live in Nevada, or if you got domestically partnered in Nevada and then moved to another state, you and your partner will still be domestically partnered in Nevada. But the more difficult question is whether federal and other state governments and local entities will recognize your domestic partnership.

In 1996, the federal government passed the Defense of Marriage Act (“DOMA”) which defines marriage as a legal union between one man and one woman for purposes of all federal laws. DOMA allows the federal government to refuse to recognize same-sex unions and deny them any and all of the federal benefits provided to married couples. DOMA also allows the states to refuse to recognize same-sex unions. It is up to the state to choose whether to recognize such relationships, and how much or how little protections to offer.

A Nevada domestic partnership will not be recognized by the federal government as a marriage. A Nevada domestic partnership may or may not be recognized by other states. You will have to check with each state to determine whether they will recognize your Nevada domestic partnership and what rights will be granted.

What legal rights are not provided to domestic partners? How does domestic partnership differ from marriage?

While S.B. 283 gives domestic partners all the same rights, protections, benefits, responsibilities, obligations and duties under Nevada law, it does not, and cannot, give domestic partners all the rights and responsibilities of marriage. The law does not give same-sex couples any of the more than 1000 rights and benefits that the federal government gives to married couples, including:

• the right to sponsor a partner for immigration purposes;
• the right to family-related Social Security benefits;
• the right to federal income and estate tax breaks; and
• the right to file federal income taxes as a married couple (married filing jointly or married filing separately).

Right now, the federal government won’t let any state extend these federal benefits to same-sex couples, no matter what the relationship is called.

In addition, if you enter into a Nevada domestic partnership, many of the state law protections you have in Nevada may not exist when you are outside the state. For instance, if you or your partner is injured in another state, you may not be allowed hospital visitation or the right to make emergency medical decisions on behalf of your partner. It will depend on the laws in that state.

Will my employer have to provide benefits to my domestic partner?

No. S.B. 283 § 8 states that a public or private employer in Nevada is not required to provide health care benefits to or for the domestic partner of an officer or employee; however, an employer is not prohibited from providing such benefits, if it so chooses.

There are thousands of private businesses and public agencies through out the country that already provide benefits to same-sex partners of employees (through domestic partnerships or similar systems). In Nevada, several private employers and local governmental entities were providing domestic partner benefits to their employees before the passage of S.B. 283 and continue to do so afterwards. However, now that domestic partnership registry is possible in Nevada, some employers are requiring their employees to register as domestic partners in order to continue their domestic partner benefits. We encourage you to ask your employer if they offer domestic partner benefits.

If we decide to split up, how do we get out of the domestic partnership?

There are two ways to dissolve the domestic partnership. First, partners can file for termination in family court and follow the statutory procedures set forth for divorce – this is basically the same as filing for divorce. Or secondly, and more simply, partners can pursue a simplified termination proceeding which consists of filing a one-page Notice of Termination with the Secretary of State’s Office. This one-page termination form is available on the Secretary of State’s webpage and costs only $50.00. In order to use the simplified termination process the partners must:

• have been registered as domestic partners in the State of Nevada for five years or less;
• have no minor children, or have executed an agreement as to the custody of the children and the amount and manner of their support;
• have no community or joint property, or have an executed agreement as to the disposition of such property;
• waive any right to future support or have an executed agreement setting forth the amount and manner of any such support; and
• waive the right to conduct a more comprehensive proceeding pursuant to Nevada Revised Statutes, chapter 125 (the “dissolution of marriage” chapter).

Can we still end a domestic partnership if we don’t live in Nevada?

The answer is unclear at this time. Nevada has a six-week residency requirement for ending a marriage. This means that couples who got married in Nevada and have moved to another state must seek a divorce in their new state; and a couple who married in another state and moves to Nevada must wait six weeks to file for divorce.

A couple who domestically partnered in Nevada and has moved to another state could try to file for termination under their home state’s laws; however, thanks to DOMA, the court in that state could refuse to recognize the relationship and refuse to grant a termination. This puts domestic partners living outside Nevada in a difficult situation because they are legally partnered in a state where they do not reside, but are unable to terminate the relationship in the state where they now reside.

Because Nevada’s domestic partnership laws treat domestic partners the same as married couples, it is likely that the six-week residency requirement will apply to domestic partners as well. This means that domestic partners who want to file for termination in court using Nevada’s divorce statutes, must have resided in Nevada for at least six weeks prior to filing for divorce. It is unclear whether the six-week residency requirement applies to the simplified one-page Notice of Termination process.

Could I be required to support my ex, or pay child support, if we break up?

Possibly. If you file for termination in Nevada court, your partnership will be treated the same as a marriage when it ends. That means that you (or your partner) could be required to provide support to the other. If children were born or adopted during the partnership, you may also have to pay child support and work out custody arraignments with your ex.

I am a service member in the U.S. military. Can I get a domestic partnership and keep my job in the military?

No. The military’s ban on openly gay, lesbian and bisexual service members (called "Don’t Ask, Don’t Tell") is a federal law and is unaffected by state law allowing domestic partnership. Under the military’s ban, even attempting to enter a domestic partnership with someone of the same sex is grounds for discharge.

If I enter into a domestic partnership, can I sponsor my same-sex spouse for U.S. citizenship?

No. Under a federal law called the “Defense of Marriage Act,” only different-sex couples’ marriages are recognized under federal law, including for the purposes of immigration.

What do I do if my domestic partnership is challenged within Nevada, or I am denied a specific protection?

If a state official refuses to recognize your domestic partnership, you may be able to seek legal redress. Please contact the ACLU of Nevada at 702-366-1226 or 775-786-6757 for more information.

The ACLU is committed to helping LGBT couples receive relationship recognition. To discuss a specific legal problem you are having or to learn more about the services we provide, please feel free to contact the ACLU LGBT-AIDS Project over the telephone at 212-549-2627 or by e-mail at getequal@aclu.org.