DOMESTIC PARTNERSHIP IN NEVADA

Nevada began recognizing “domestic partnerships” on October 1, 2009. In Nevada a “domestic partnership” is a social contract between two persons that filed a Declaration of Domestic Partnership with the Office of the Secretary of State or have a recognized validly formed legal union in another jurisdiction that is substantially equivalent to a domestic partnership in the State of Nevada. NRS 122A.

To be eligible to register as domestic partners in the State of Nevada the two persons desiring to enter into a domestic partnership must furnish proof satisfactory to the Office of the Secretary of State that:

(a) Both persons have a common residence;

(b) Neither person is married or a member of another domestic partnership;

(c) The two persons are not related by blood in a way that would prevent them from being married to each other in this State;

(d) Both persons are at least 18 years of age; and

(e) Both persons are competent to consent to the domestic partnership.

Without calling it a marriage, the law grants the same rights, protections, and privileges which a couple entering into a valid Nevada marriage enjoy. Along with the privileges that are granted with the new law, obligations and responsibilities also are considered and contemplated. Nevada’s “divorce” laws, which are found in the Nevada Revised Statutes (NRS) Chapters 125, 125A, 125B, and 125C all apply to the parties seeking a dissolution of the partnership. A good portion of NRS Chapter 123 – “Rights of Husband and Wife” – is also applicable, even though the law does not ever use these terms. (The word “spouse” appears in the law but only as a descriptor of the rights enjoyed.)

Additionally, couples have the right to enter into pre- and post-partnership agreements, just as a couple contemplating marriage are allowed to do by way of a premarital agreement governed by NRS Chapter 123A.

It should be noted that as of this time, the Federal Government does not recognize domestic partnerships, which means domestic partners are not eligible for Social Security benefits based upon the valid partnership entered into in Nevada, and federal taxes must continue to be filed as if both parties were single.

Registering a Domestic Partnership

Individuals wishing to register as domestic partners under Nevada’s law must file a Declaration of Domestic Partnership form. The form must be signed in the presence of a notary public; electronic notarization is acceptable. There is a $50 registration fee which includes a black and white certificate or digital certificate.  A ceremonial certificate is available for an additional $15.  Normal processing of a Declaration of Domestic Partnership form is 4 to 6 business days.

There is an option for expedited same day processing of a Declaration of Domestic Partnership for an additional $100. Individuals may schedule an appointment online with the North Las Vegas office only for in-person expedited appointments, click here for appointments.  Expedite filings may be mailed to the North Las Vegas office.  They will be processed the same day they are received.  Individuals must enclose a pre-paid return envelope for the fastest return service. Note, a Declaration mailed to the Carson City Secretary of State office is forwarded to the North Las Vegas office for processing as all domestic partnership processing is done in the North Las Vegas office.

Individuals who have a legal union that was validly formed in another jurisdiction which is substantially equivalent to a domestic partnership in NRS 122A.030, are no longer required to file with the Office of the Secretary of State.

 Terminating a Domestic Partnership

If the domestic partnership was entered into five years ago or less; both partners agree to all the terms of their separation; the partners have no minor children and either partner, if female, to her knowledge is not pregnant; or the partners have minor children and have executed an agreement as to the custody of the children and the amount and manner of their support; the partners have no community or joint property, or have an executed agreement as to the disposition of such property; the partners waive any right to future support or have an executed agreement setting forth the amount and manner of any such support; and the partners waive the right to conduct a more comprehensive proceeding pursuant to Chapter 125 of the Nevada Revised Statutes the domestic partners can sign a Simplified Termination of Domestic Partnership form and pay a $50 fee to the Secretary of State.

If the domestic partnership was entered into more than five years ago, or both domestic partners do not agree to all the terms of their separation, the domestic partners must file a case to terminate the domestic partnership with family court. The court process and issues involved in a domestic partnership termination are generally very similar to divorces. Once all of the issues involved in the case have been decided and the parties have received a Decree Terminating Domestic Partnership approved by the judge.  The parties must sign and file a Termination of Domestic Partnership by Decree form, with the Decree Terminating Domestic Partnership approved by the judge attached, and submit the form to  the Secretary of State.

For a more detailed overview of the law click the link below.

• Senate Bill 283 Domestic Partnerships
• Domestic Partnerships | Nevada Secretary of State
• Family Law Self-Help Center – Domestic Partnership Forms

Secretary of State Forms:

• Declaration of Domestic Partnership
• Simplified Termination of Domestic Partnership
• Termination of Domestic Partnership by Decree
• Domestic Partnership Name Change Amendment, Certificate Reorder, and Records Order Form

Mail forms with appropriate fees to:

Nevada Secretary of State
Domestic Partnership Program
2250 Las Vegas Boulevard North, Suite 400
North Las Vegas, NV 89030

Court Forms:

• Joint Petitions to Terminate a Domestic Partnership – No Children
• Joint Petitions to Terminate a Domestic Partnership – With Children
• Complaint to Terminate Domestic Partnership – No Children
• Complaint to Terminate Domestic Partnership – With Children
• Answer & Counterclaim to Terminate Domestic Partnership – No Children
• Answer & Counterclaim to Terminate Domestic Partnership – With Children
• Decree to Terminate Domestic Partnership – No Children and No Hearing
• Decree to Terminate Domestic Partnership – No Children and With a Hearing
• Decree to Terminate Domestic Partnership – With Children and No Hearing
• Decree to Terminate Domestic Partnership – With Children and With a Hearing

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