CARR LAW OFFICE

Beginning October 1, 2009, couples will be able to enter into a "Domestic Partnership."  This is available to both same-sex and heterosexual couples and essentially gives the couple who enters into it the same rights, responsibilities and protections of a married couple--with one major exception: health insurance benefits are not extended to the partner.

In order to enter into a domestic partnership a couple must sufficiently demonstrate that they live together, that they are not already married or in another domestic partnership, that they are not related to each other, that they are over 18 years of age and that they are compotent to enter into such an agreement.

A couple that enters into such an agreement will enjoy all of the benefits and rights of a married couple or, to quote the bill, "have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law..."  It also prohibits any discriminatory treatment.

Persons entering into such a partnership will be able to hold community property, share responsibility for debts to third parties and even the right to seek alimony following a termination of such a partnership.

Health benefits are, however, specifically excluded.  That means that if Partner A works for a company or government agency, Parner B is NOT automatically eligible to be covered on Partner A's health insurance.  This, of course, does not stop the company from making such benefits available voluntarily, but does prohibit a requirement to furnish such benefits.

The procedure for termination of a domestic partnerships is based on the duration of the partnership.  For those partnerships that have been registered for 5 years or less, the partnership can be dissolved simply by filing the appropriate forms.  But there cannot be any children of the relationship (either before or during the partnership) and there cannot be any community property or alimony/support.  There are expections if the children and/or any property are specifically dealt with in an executed agreement.

For all other domestic partnerships (those of more than five years or shorter duration if there are unresolved property or custody issues), the partnership must be terminated through the family court in the same manner as a divorce.

A ceremony is allowed but not required.  Domestic partnerships validly entered into in other states are also recognized in Nevada under this bill.

This new law takes effect on October 1, 2009.