Englewood Domestic Partnership Lawyer
Englewood Domestic Partnership Attorney
Not every couple wishes to get married. Some find that domestic partnerships, or civil unions, are a preferable alternative to marriage. A domestic partnership allows you to be legally recognized as such. Partners can commit to living together and supporting each other in a relationship without the legal requirements of marriage. If you are considering a domestic partnership, you first need to understand the rights afforded to marriages and partnerships.
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What Is a Domestic Partnership?
Domestic partnerships affirm you and your partner’s commitment to each other in a caring relationship. Any couple can form a domestic partnership, regardless of gender. Unlike marriages, domestic partnerships do not have legal name changes. They also do not have legal and financial rights such as those over:
- Property
- Inheritance
- Child custody
- Child support
A couple must meet certain requirements to form a domestic partnership, which are:
- Each is at least 18 years of age.
- Each is able and competent to sign a contract.
- Neither are married or in an existing domestic partnership.
- They are not prohibited from marrying under state law.
- They share a common household.
Entering into a domestic partnership allows you to make a public record of your relationship and your commitment to each other.
Why Do I Need a Domestic Partnership Attorney?
Domestic partnerships do not provide as many legal protections for partners. For this reason, protections must be found through other legal means, including:
- Wills and trusts
- Dissolution agreements
- Powers of attorney
- Pre-partnership agreements
Domestic partnerships do not provide joint property ownership. If you separate, this can make dividing assets more difficult. Separated partners are also not entitled to retirement benefits. Pre-partnership agreements, like prenuptial agreements, allow you and your domestic pattern to determine what will be done with assets, debts, and property if a separation occurs. Otherwise, separation could be complex and expensive. A domestic partnership attorney can help you determine what is necessary for your partnership.
Domestic Partnership Rights Compared to Marriage
Similarly to a marriage, registered domestic partners can:
- File joint state taxes.
- Have legally privileged communication.
- Receive each other’s pension.
- File for wrongful death claims.
- Not be required to testify against each other while in a partnership.
There are several rights that marriages enjoy that domestic partnerships do not. These include:
Joint Assets
Domestic partnerships do not grant you joint asset ownership. In a marriage, assets, debts, and property are divided equally if a couple separates. Divorced spouses also have access to each other’s retirement benefits, while domestic partners do not unless the other is named a beneficiary. Domestic partnerships must either create a pre-partnership agreement or go through a partition case. A partition case will sell all your joint property and allow you to split the proceeds.
Legal Recognition
Domestic partnerships are only recognized in some states, and you are not federally recognized as spouses. If you leave this state, you may lose your benefits.
Legal Family Status
Unlike marriages, a domestic partnership does not consider the couple to be family members. This can cause issues with child custody, work-related health insurance, and inheritance and inheritance taxes.
Immigration
A domestic partnership does not enable you to file a petition to change your partner’s immigration status.
Frequently asked questions Domestic partnership
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Can You File Jointly With a Domestic Partnership?Registered domestic partnerships can file taxes jointly or separately for state taxes, but not federal taxes. Domestic partners are not married under state law and therefore cannot file jointly on federal taxes. You also cannot file a federal tax return as a married couple filing separately. For tax purposes, you are unmarried and should file as such.
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How Long Does It Take to Get a Domestic Partnership in Colorado?
There is no waiting period for a domestic partnership, so you can get the partnership filed as soon as there is an appointment opening available. The appointment itself will take a day if you have the necessary papers, documents, and filing fee. You must also meet other requirements, including being 18 and living at the same address.
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Does the State of Colorado Recognize Domestic Partners?Yes, Colorado does recognize domestic partnerships as well as other civil unions like marriages or other significant legal relationships. If a couple has gone through the process of registering as a domestic partnership, they have access to the state tax, insurance, and other benefits of a partnership. Your partnership will also be a matter of public record.
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What are the requirements for a domestic partnership in Colorado?To register a domestic partnership in Englewood, CO, you and your partner must share a living space and address and be at least 18 years old. You must both be able to understand and sign a legal contract with full knowledge of its meaning and be legally allowed to marry according to state law. Neither of you can be in another domestic partnership, civil union, or marriage, or be married to each other.
Registering Your Domestic Partnership
To begin a domestic partnership, you must register with the state of Colorado. This can be done at the city clerk’s office or the country registrar’s office. You can call or email to make an appointment where you and your partner can both appear in person. Some offices have a domestic partnership application to complete and bring with you when you arrive for the appointment. You will also need:
- Valid photo ID, such as a state ID, military ID, driver’s license, or passport
- Proof that you and your partner live together. These can include valid documents like phone or utility bills sent to each of you at the same address, a lease agreement, a joint mortgage, or the address on your driver’s license.
- Payment for the $25 registration fee
Once these documents are verified and the registration fee is paid, you both sign an affidavit. This gives your domestic partnership legal recognition.
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Protecting Your Union
Our expert family law attorneys in Englewood can help you determine what steps you can take to protect, register, and validate your domestic partnership.
Contact Johnson Law Group, LLC, today.
