How Do You End a Nevada Domestic Partnership?

The Nevada Domestic Partnership Act governs all aspects of domestic partnerships in the state. The law details the requirements for registering a domestic partnership and spells out the rights and duties of the partners. Specific requirements are also established for termination of a domestic partnership, which must be satisfied by domestic partners wishing to end a domestic partnership. An experienced family law attorney can help the partners navigate the detailed requirements to ensure compliance with the statute.

Domestic Partnerships in Nevada

In the State of Nevada, domestic partnership is an alternative to marriage for individuals seeking legal recognition of their relationship. Like marriage, domestic partnership is available to both same-sex couples and opposite-sex couples in the state. Under the Domestic Partnership Act, Chapter 122A of the Nevada Revised Statutes, domestic partnership provides rights and duties similar to marriage, but there are significant differences. Our previous article, What Is a Domestic Partnership in Nevada?, explains many of the provisions in the statute.

The law describes 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. 

If individuals in a domestic partnership wish to end the relationship, the Act provides the requirements and procedures that apply. In some cases, a simplified termination proceeding is available. In other cases, the parties must follow the same procedures established for dissolution of marriage in Nevada law.

Simplified Termination Process for a Domestic Partnership

The Domestic Partnership Act provides for a simplified termination process if a domestic partnership has been registered for less than five (5) years. In the simplified process, the parties file a specific signed and notarized form with the Secretary of State and pay a filing fee. The form declares that both persons wish to terminate the domestic partnership.  According to the Act, the following conditions must exist at the time of filing to be eligible for the simplified procedure:

(a)   The domestic partnership has been registered for five (5) years or less.

   (b) There are no minor children of the relationship of the parties born before or during the domestic partnership or adopted by the parties during the domestic partnership and no female member of the domestic partnership, to her knowledge, is pregnant, or the parties have executed an agreement as to the custody of any children and setting forth the amount and manner of their support.

   (c) There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement.

   (d) The parties waive any rights to support or the parties have executed an agreement setting forth the amount and manner of support.

   (e) The parties waive any right to the conduct of more comprehensive proceedings pursuant to chapter 125 of NRS.

If any of these conditions are not met, termination must follow the requirements in Chapter 125, which governs divorce, annulment, and actions for separation maintenance, instead of the simplified domestic partnership termination procedure. In this alternate process, the termination occurs by obtaining a court decree.

Domestic partners wishing to end their relationship in a simplified termination proceeding can benefit from consulting with a family law attorney, particularly as to matters relating to community property, custody, and support and negotiations relating to agreement on those issues.

Termination by Court Proceedings and Decree

If a domestic partnership does not qualify for the simplified termination procedure, the parties must petition the court, requesting termination by court decree. The proceedings are similar to a divorce case.

As in a divorce proceeding, the parties may agree on matters relating to community property, custody, and support, all of which must be resolved as part of the termination case. If there is an agreement, the court reviews it to ensure compliance with the relevant state laws. If the parties cannot agree on any issues, the court makes decisions on those issues based on the applicable state laws.

A domestic partner considering termination should talk with a knowledgeable family law attorney before deciding how to proceed. Legal advice and representation are especially important on issues relating to children and community property. An attorney can provide guidance on negotiating specific agreements on termination issues, in addition to helping a domestic partner navigate the legal termination process. 

Schedule a Free Consultation With a Las Vegas Family Law Attorney

If you have questions about ending a domestic partnership or another family law matter, Las Vegas family law attorney Joseph Gersten is here to help. 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.