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Domestic Partnership - FAQ

Am I required to terminate my domestic partnership in order to get married in Nevada?
If I am registered as a domestic partner in Nevada, will my domestic partnership be automatically converted to a marriage as a result of the Ninth Circuit ruling?
Where can I find a copy of the order issued by the Ninth Circuit?
My partner and I wish to get married in Nevada, and no longer wish to be in a domestic partnership. What is the process for married spouses to terminate their domestic partnership?
I want to get married in Nevada, where can I get a marriage license?
If am in a same sex marriage in another State, does Nevada now recognize that marriage?
How can I terminate my domestic partnership if I was married to my partner in another State, and now we are divorced?
How can I terminate my domestic partnership if my partner is deceased?
If My Partner And I Are Registered As Domestic Partners or Married In Another State, Does Nevada Recognize That Partnership?
Is Either Partner Required To Change His Or Her Legal Name If Entering Into A Domestic Partnership?
What New Legal And Financial Rights And Responsibilities Do We Have As Registered Domestic Partners?
Does A Domestic Partnership Affect My Partner’s Ability To Receive Health Care Benefits From My Employer?
What Is A “Domestic Partnership” As Defined In Nevada Law?
How can I terminate a domestic partnership if my partner is unwilling to sign the termination form or if she/he has deserted me and therefore is unavailable to sign the termination form?
If One Partner In A Domestic Partnership Legally Changes His Or Her Name After Registering For A Domestic Partnership, Does The Partnership Have To Be Amended?
Are Domestic Partnerships Limited To Same-Sex Couples?
How Do I File A Domestic Partnership?
What About A Ceremony In My Church Or Other Organization, Secular Or Religious, To Recognize My Domestic Partnership?
Is There A Charge For A File Stamped Copy Of The Termination Form?
Will I Receive A Copy Of My Termination Of Domestic Partnership When I File It?
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Q: Am I required to terminate my domestic partnership in order to get married in Nevada?
A:
There is no requirement to terminate a State of Nevada domestic partnership at the time of a marriage between the same two partners.
Q: If I am registered as a domestic partner in Nevada, will my domestic partnership be automatically converted to a marriage as a result of the Ninth Circuit ruling?
A:

No, the domestic partnerships in Nevada will not be automatically converted to marriages. Marriage licenses are handled by County Clerks. Those wishing to get married in Nevada should contact the County Clerk’s Office for the county/city in which they wish to get married to obtain a marriage license.

Click here for a list of Clerks: http://www.nvsos.gov/index.aspx?page=163

Q: Where can I find a copy of the order issued by the Ninth Circuit?
A:
Click here to view the order.
Q: My partner and I wish to get married in Nevada, and no longer wish to be in a domestic partnership. What is the process for married spouses to terminate their domestic partnership?
A:
NRS 122A provides for a termination process. If you are interested in terminating a domestic partnership, please consult NRS 122A.300. The Secretary of State’s office cannot provide legal advice on whether or not you should terminate a domestic partnership if you are married. You should consider consulting with a licensed attorney in the State of Nevada to determine if termination is necessary.
Q: I want to get married in Nevada, where can I get a marriage license?
A:

The Secretary of State’s Office does not issue marriage licenses. To obtain a marriage license, contact the County Clerk’s Office for the county/city in which you wish to get married.

Click here for a list of Clerks: http://www.nvsos.gov/index.aspx?page=163

Q: If am in a same sex marriage in another State, does Nevada now recognize that marriage?
A:
According to the Ninth Circuit's order, Nevada must recognize marriages from other States. The following statement is from the order: "permanently enjoining the state, its political subdivisions, and its officers, employees, and agents, from enforcing any constitutional provision, statute, regulation or policy preventing otherwise qualified same-sex couples from marrying, or denying recognition to marriages celebrated in other jurisdictions which, if the spouses were not of the same sex, would be valid under the laws of the state."
Q: How can I terminate my domestic partnership if I was married to my partner in another State, and now we are divorced?
A:
For termination of a partnership in which the domestic partners married and are now divorced, the partnership can be terminated free of charge with a certified decree of divorce. The decree should be submitted to our office by mail or in person.
Q: How can I terminate my domestic partnership if my partner is deceased?
A:

For termination of domestic partnerships when one partner is deceased, the partnership can be terminated free of charge with a certified death certificate. The certificate should be submitted to our office by mail or in person.

 

Q: If My Partner And I Are Registered As Domestic Partners or Married In Another State, Does Nevada Recognize That Partnership?
A:

To be recognzed in the State of Nevada, invididuals who are married or in a domestic partnership in another jurisdiction must complete and file a notarized Domestic Partnership Declaration form with the Secretary of State's Office. The individuals must attach a copy of their domestic partnership certificate or marriage license to the Declaration form. The $50 filing fee is waived. 

Forms are available online at www.nvsos.gov or at the Secretary of State’s Carson City or Las Vegas offices.

Q: Is Either Partner Required To Change His Or Her Legal Name If Entering Into A Domestic Partnership?
A:
No, there is no requirement that a person changes his/her name when entering into a domestic partnership under NRS 122A. If they choose to do so, two individuals that have filed a Domestic Partnership certificate may initiate a name change with the appropriate entity which allows for a name change. Whether those entities accept the Domestic Partnership Certificate for processing the name change is up to the rules and guidelines of that entity. Further, because NRS 122A is State law, it is not within the Office’s jurisdiction to determine or require federal agencies to process a name change based on the Domestic Partnership certificate.

Nevada Revised Statutes Chapter 41.270 provides additional guidance on proceedings to change names of natural persons.
Q: What New Legal And Financial Rights And Responsibilities Do We Have As Registered Domestic Partners?
A:
As described in NRS 122A, domestic partners have the same rights, protections, and benefits, and are subject to the same responsibilities, obligations and duties under law that are granted to and imposed upon married spouses.

The Secretary of State’s office cannot advise couples on the legal and financial implications of domestic partnership. Couples considering registration should consult with their private attorneys and personal financial advisors.
Q: Does A Domestic Partnership Affect My Partner’s Ability To Receive Health Care Benefits From My Employer?
A:
There is no requirement that a public or private employer provide health care benefits to a domestic partner. This does not, however, prohibit an employer from voluntarily providing health care benefits to a domestic partner as deemed appropriate by the employer and the partners. See NRS 122A for additional explanation.
Q: What Is A “Domestic Partnership” As Defined In Nevada Law?
A:
A “domestic partnership” in Nevada is a type of civil contract which grants domestic partners “…the same rights, protections, benefits, responsibilities, obligations and duties as…parties to any other civil contract….”

Domestic partnerships were established in the 75th Session of the Nevada State Legislature as NRS 122A for the purpose of defining the rights and responsibilities of such partnerships. Although NRS 122A includes a requirement that parties in a domestic partnership “Have chosen to share one another’s lives in an intimate and committed relationship of mutual caring,” a domestic partnership is not a marriage for the purposes of Section 21 of Article 1 of the Nevada Constitution.
Q: How can I terminate a domestic partnership if my partner is unwilling to sign the termination form or if she/he has deserted me and therefore is unavailable to sign the termination form?
A:
For termination of domestic partnerships when one partner is unwilling or in instances of desertion, the partner wishing to terminate must follow the procedures set forth in Nevada Revised Statutes Chapter 125.

Please note that this office cannot give legal advice. If you need assistance with termination pursuant to NRS Chapter 125, you should seek advice from a private attorney.
Q: If One Partner In A Domestic Partnership Legally Changes His Or Her Name After Registering For A Domestic Partnership, Does The Partnership Have To Be Amended?
A:
No, the partnership registration does not have to be amended. If you would like a new certificate depicting the legally-changed names of the partner(s), you may file a name change amendment for $15 which includes a black and white certificate. Ceremonial certificates are an additional $15.
Q: Are Domestic Partnerships Limited To Same-Sex Couples?
A:
No. As a civil contract, Nevada domestic partnerships may be entered into by couples of any sexual orientation as long as they meet the eligibility requirements defined above.
Q: How Do I File A Domestic Partnership?
A:
Partners wishing to enter into a domestic partnership must complete and file a notarized declaration of domestic partnership application and the appropriate fees with the Office of the Nevada Secretary of State. Forms are available online at www.nvsos.gov or at the Secretary of State’s Carson City or Las Vegas offices.
Q: What About A Ceremony In My Church Or Other Organization, Secular Or Religious, To Recognize My Domestic Partnership?
A:
There is no requirement for performing any type of ceremony, religious or otherwise, to enter into this type of domestic partnership contract. It is the choice of respective religious faiths and the parties to the contract to determine the appropriateness of any such ceremony.
Q: Is There A Charge For A File Stamped Copy Of The Termination Form?
A:
Yes, there is a $5 charge.
Q: Will I Receive A Copy Of My Termination Of Domestic Partnership When I File It?
A:
A file stamped copy of the termination form may be requested at the time you file your Declaration application if you file in person at either of the Secretary of State’s offices in Carson City or Las Vegas - staff permitting.
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