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 my domestic partnership if my partner is deceased?
A: For termination of domestic partnerships when one partner is deceased, the surviving partner must fill out the domestic partnership termination form and have his/her signature notarized. The notary section for the deceased partner will remain empty. Then the surviving partner must attach a certified copy of the deceased partner's death certificate to the termination form.
Submit the forms to the Secretary of State's Office by mail or in person. |
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.
|
Q: Is There A Fee For Terminating A Domestic Partnership?
A: Yes, the termination fee is $50.
|
Q: Can A Domestic Partnership Be Terminated, And If So, How?
A: Domestic partnerships may be terminated in two ways: 1. By filing a signed and notarized “Domestic Partnership Termination Form” at the Carson City or Las Vegas office of the Secretary of State, and paying a $50 termination fee. In order to terminate the partnership through this simplified termination proceeding, the parties must meet all of the following conditions: • Be registered as domestic partners for five years or less • Have no minor children, or have minor children and have executed an agreement as to the custody of the children and the amount and manner of their support • A female member of the domestic partnership, to her knowledge, may not be pregnant • Have no community or joint property, or have an executed agreement as to the disposition of such property • Have waived any right to future support or have an executed agreement setting forth the amount and manner of any such support • Have waived the right to conduct a more comprehensive proceeding pursuant to chapter 125 of NRS. 2. For termination of domestic partnerships that do not meet all of the above conditions partners are required to follow procedures set forth in Nevada Revised Statutes Chapter 125. |
Q: Will My Certificate Of Registered Domestic Partnership Be A Public Document?
A: Yes, under NRS 239.010, a Certificate of Registered Domestic Partnership is open to public inspection.
|
Q: Do You Offer A Ceremonial Copy Of The Certificate Of Registered Domestic Partnership?
A: Yes, for an additional fee of $15, a “ceremonial” copy of the Certificate on special bond paper affixed with the Nevada silver state seal, suitable for framing is available.
You may request it at the time of filing a Declaration or at a later date.
|
Q: Is There An Additional Fee For Expedite Service?
A: Yes, it is an additional $100.
|
Q: Can A Domestic Partnership Registration Be Expedited?
A: Yes, 2 hour expedited processing of Domestic Partnership Registrations, which guarantees couples their certificate on the same day, is available by appointment only. Please call 702-486-2887 (Las Vegas) or 775-684-7195 (Carson City) between the hours of 8:00 am and 5:00 pm Monday to Friday to set up an appointment.
|
Q: Is There A Charge For A File Stamped Copy?
A: Yes, there is a $5 charge.
|