What Is a Domestic Partnership in Nevada?

Nevada statutes establish domestic partnership as an alternative to marriage for a couple seeking legal recognition of their relationship. Like marriage in Nevada, it is available to both same-sex couples and opposite-sex couples. Under Nevada law, domestic partnership provides specific rights and obligations similar to marriage, but there are significant differences. Those distinctions are important to understand if you are considering entering into a domestic partnership.

Statutory Requirements for a Nevada Domestic Partnership

The Nevada Domestic Partnership Act is found in Chapter 122A of the Nevada Revised Statutes. The law defines a domestic partnership as a social contract between two persons that complies with the registration requirements in the law or is a similar legal union from another jurisdiction that is substantially equivalent to a domestic partnership as defined in the statute. Nevada recognizes such out-of-state unions as valid domestic partnerships regardless of whether they are registered in Nevada.  

Under the Act, a couple can enter into a domestic partnership by filing a one-page Declaration of Domestic Partnership form with the Nevada Secretary of State, with each partner separately signing the document and having it notarized. The Declaration provides that both individuals have chosen to share in each other’s lives in an “intimate and committed relationship of mutual caring” and desire to enter into a domestic partnership of their own free will. There are fees associated with filing the registration form.

To register a domestic partnership, a couple must meet the all of following requirements:

• The parties share a common residence,
• Both individuals are at least 18 years old,
• Neither individual is married or in another domestic partnership,
• The parties are not closely related by blood in a way that would prevent them from being married in Nevada, and
• Each person is legally competent to consent to the partnership.

The Secretary of State issues a Certificate of Registered Domestic Partnership to individuals who meet all the eligibility requirements and file the proper registration form.

Nevada law does not require a solemnization ceremony to enter into a binding and valid domestic partnership in the state. On completion of the registration process, the domestic partners have specific rights under state law.

Domestic Partnership Rights in Nevada

Nevada law provides a wide range of rights, protections, and benefits for domestic partners who complete the state registration process. Some of the most important rights and benefits are:

• Community property rights
• The right to receive financial support from a partner on dissolution of the partnership, similar to alimony/spousal support
• The same child custody and support rights and obligations as married spouses
• The ability to be included on a partner’s health, dental, and other insurance plans and have access to parental leave, bereavement leave, and sick leave
• The right to visit a partner in the hospital
• The right to participate in medical decision-making for a partner and to receive information about a partner’s medical condition
• The right to inherit from a partner under the laws of intestate succession in the absence of a will
• The right to file a lawsuit for a partner’s wrongful death
• The right not to testify against a partner in state court

There are some rights that registered domestic partners do not have, such as: 1) Domestic partners continue to file as single individuals on their federal income tax returns, even though the amount of reported income may change as the result of the applicability of community property laws. 2) Public and private employers are not required to offer (and not prohibited from offering) health care benefits for domestic partners of officers and employees. 3) Domestic partners are not entitled to receive Social Security or Veteran’s Benefits on the death or disability of a partner. 4) A domestic partner is not entitled to the same insurance and pension benefits available to people who work for the U.S. government.

Termination of a Nevada Domestic Partnership

If a domestic partnership meets specific requirements established in NRS 122A.300, the parties may end a registered domestic partnership through a simplified procedure. Partners are eligible for the simplified termination procedure only if:

• The partnership has been registered for five (5) years or less,
• There are no minor children born before or during the partnership or adopted during the partnership and a female partner is not, to her knowledge, pregnant, or the parties have executed a custody and support agreement relating to any children,
• There is no community or joint property, or there is a property settlement agreement that meets specific criteria,
• The partners waive their rights to or have executed an agreement relating to alimony and spousal support, and
• The parties waive their rights to more comprehensive proceedings under NRS Chapter 125, relating to Dissolution of Marriage.

If any of these requirements are not met, termination of a domestic partnership must follow the requirements set forth in NRS Chapter 125, which governs divorce, annulment, and actions for separation maintenance, instead of the simplified domestic partnership procedure.

Schedule a Free Consultation With a Las Vegas Family Law Attorney

If you have questions about domestic partnership or another family law matter, Las Vegas family law attorney Joseph Gersten is here to help. He draws on his extensive experience on domestic relations matters to help you protect your rights and interests and resolve any concerns that you may have.

The Gersten Law Firm helps clients in Las Vegas, Henderson, and elsewhere in Clark County. Your initial consultation is always free-of-charge. Call 702.857.8777 or complete our online form to schedule an appointment.