Nevada’s domestic partnership law (NRS Chapter 122A) grants registered domestic partners rights and responsibilities substantially equivalent to those of married spouses — and ending a registered domestic partnership requires a legal dissolution process similar to divorce. Many Las Vegas domestic partners do not realize that their registered partnership cannot simply be “broken off” without legal proceedings and that property rights, support obligations, and parental rights follow domestic partnership dissolution just as they follow divorce. Hauser Family Law handles Nevada domestic partnership dissolutions throughout Las Vegas and Southern Nevada.
Who Can Register as Nevada Domestic Partners
Under NRS 122A.100, two adults — regardless of sex — can register as Nevada domestic partners by filing a Declaration of Domestic Partnership with the Secretary of State. Domestic partners must be at least 18 years old, unmarried, not related by blood in a way that would prohibit marriage, and not in another domestic partnership. Nevada’s domestic partnership statute was originally enacted in 2009 and has been amended several times. Same-sex couples who were domestic partners in Nevada before same-sex marriage was recognized in the state now have the option to marry but may also choose to remain in their registered domestic partnership.
Rights and Obligations of Nevada Domestic Partners
Nevada domestic partners have rights and responsibilities substantially equivalent to those of spouses: community property rights in assets acquired during the partnership; the right to inherit as a surviving partner under Nevada intestate succession laws; hospital visitation and healthcare decision-making rights; the ability to take family medical leave under state law; the right to adopt together; parental rights over children born or adopted during the partnership; and the right to financial support (similar to alimony) if the partnership ends and one partner is financially dependent.
How to Dissolve a Nevada Domestic Partnership
NRS 122A.210 provides that a domestic partnership may be terminated by (1) a court proceeding similar to a divorce proceeding, or (2) by filing a Notice of Termination of Domestic Partnership with the Secretary of State if certain conditions are met — no minor children in common, no real property, no unpaid debts from the partnership greater than $6,000, and total value of community property (excluding encumbered vehicles) less than $40,000. If these conditions are not met, formal dissolution proceedings in district court are required, following procedures substantially similar to Nevada divorce law.
Property Division and Support in Domestic Partnership Dissolution
Nevada’s community property principles apply to domestic partnerships — assets and debts accumulated during the partnership are community property subject to equal division. Spousal support principles of NRS 125.150 apply to determine whether one partner is entitled to support payments from the other after dissolution, based on the duration of the partnership, each partner’s earning capacity, and the standard of living established during the partnership. Children: if the partners are legal parents of minor children (biological, adopted, or established through the presumption of parentage for a child born during the partnership), child custody and support are determined under Nevada’s standard best interest analysis.
Contact Hauser Family Law for Nevada Domestic Partnership Dissolution
Hauser Family Law represents domestic partners in dissolution proceedings in Las Vegas and Southern Nevada. Call (702) 919-6000 to discuss your situation.