Answering Your Domestic Partnership Questions
When couples enter committed relationships, they often want legal recognition for that relationship. In Florida, the best way to do this, short of marriage, is to enter a domestic partnership recognized by your municipality.
At his Fort Lauderdale law firm, Stuart N. House, P.A., Mr. House will use his over 30 years of knowledge working as a domestic partnership attorney to help you understand the ins and outs of domestic partnerships.
The Requirements For Domestic Partnerships In Florida
Regardless of a couple’s sexual orientation, a domestic partnership can provide some legal recognition that the relationship is indeed “real.” It also enables partners to enter into cohabitation agreements that can define their financial and personal obligations.
There are a few requirements for establishing a domestic partnership in Florida:
- Both parties must be 18 and unrelated to each other by blood.
- Neither can be married or engaged in another domestic partnership.
- Both must consider each other immediate family.
- Both parties must cohabit in a residence together.
- Both parties must declare each other their healthcare surrogate and agent.
- Both parties must agree to notify Florida officials if they decide to terminate the partnership.
The Benefits Of A Domestic Partnership
Couples engaged in a domestic partnership experience the following benefits:
- Both parties have visitation rights if the other becomes hospitalized, and both parties can help their partner make healthcare decisions or have input in medical care.
- Both parties qualify as family members for legal purposes.
- If the parties share children, they both have the right to participate in the lives of those children and make decisions concerning matters such as healthcare and education.
- If one party becomes incarcerated, the other will visit the correctional facility the incarcerated party is housed in.
Although domestic partners do not receive all the same benefits as a married couple, a domestic partnership is an excellent way for two parties to legally establish their relationship without marriage’s constraints.
The validity of a domestic partnership depends on the municipality or county within which you reside. The domestic partnership may no longer be valid if you establish a domestic partnership in your county or municipality and move to another county or state.
As a general rule, most counties, municipalities, and states that recognize domestic partnerships recognize domestic partnerships from other areas as valid. If you’re considering moving or vacationing to another area and wonder if your domestic partnership will remain valid, you should contact a lawyer.
Frequently Asked Questions About Domestic Partnerships
Individuals seeking information about domestic partnerships in Florida often have numerous questions about the process and its implications. Attorney Stuart N. House is dedicated to helping you understand your options regarding domestic partnerships in Fort Lauderdale. He has gathered the following questions and answers to provide clarity on this topic.
What is a domestic partnership in Florida?
A domestic partnership in Florida is a legal relationship between two unmarried adults who live together and share a common domestic life. This arrangement provides some of the benefits and protections typically associated with marriage, but it is not the same as marriage under Florida law.
Domestic partnerships offer a way for couples to formalize their relationship and gain certain legal rights without getting married. These rights may include hospital visitation, health care decision-making and inheritance rights. However, it’s important to note that domestic partnership laws can vary by city and county in Florida, as there is no statewide recognition of domestic partnerships.
Who qualifies for a domestic partnership in Florida?
To qualify for a domestic partnership in Florida, couples must meet certain criteria. These requirements typically include:
- Both partners must be at least 18 years old
- Neither partner is married or in another domestic partnership
- The partners must share a common residence
- The partners must agree to be responsible for each other’s basic living expenses
- The partners must not be related by blood in a way that would make them ineligible to marry in Florida
It’s important to note that specific requirements may vary depending on the city or county where you’re registering your domestic partnership. Some localities may have additional criteria or documentation requirements. Stuart N. House, P.A., can help you understand the specific qualifications in your area and guide you through the registration process.
Why have a domestic partnership versus getting married in Florida?
Choosing a domestic partnership over marriage in Florida is a personal decision that depends on individual circumstances and preferences. Some couples opt for domestic partnerships because:
- They want legal recognition of their relationship without the cultural or religious implications of marriage.
- They wish to maintain certain financial benefits that might be lost through marriage such as Social Security survivor benefits from a deceased spouse.
- They desire some legal protections but are not ready for the full commitment of marriage.
- They want to formalize their relationship in a state that recognizes domestic partnerships but not same-sex marriages.
While domestic partnerships offer some benefits, it’s crucial to understand that they do not provide all the same rights and protections as marriage. For example, domestic partners may not have the same federal tax benefits or immigration rights as married couples. Stuart N. House, P.A., can help you weigh the pros and cons of domestic partnership versus marriage based on your specific situation.
What can a lawyer do for me in a domestic partnership?
A lawyer can provide valuable assistance throughout the process of establishing and maintaining a domestic partnership. Here are some ways attorney Stuart N. House can help:
- Explain the legal implications of entering into a domestic partnership
- Assist with the registration process and ensure all necessary documents are properly completed
- Draft a domestic partnership agreement that outlines rights and responsibilities
- Help resolve disputes that may arise within the partnership
- Advise on property division and financial matters
- Assist with estate planning and healthcare directives
- Guide you through the process of dissolving a domestic partnership if needed
By working with a lawyer, you can ensure that your rights are protected and that you fully understand the legal aspects of your domestic partnership. Stuart N. House, P.A., is committed to providing comprehensive legal support for all aspects of domestic partnerships in Florida.
How do children benefit from a domestic partnership in Florida?
Children in a domestic partnership can benefit from the legal recognition of their parents’ relationship. This recognition can:
- Provide stability and security for children regarding parental rights and responsibilities
- Outline custody arrangements and financial support
- Provide access to health insurance and other benefits
Consulting with a lawyer can help you understand how a domestic partnership can impact your children and ensure their interests are protected.
When can you enroll a domestic partner in Florida?
Enrolling a domestic partner typically involves registering the partnership with the appropriate local authority such as a city or county office. The process and timing can vary based on local regulations. Generally, both partners need to complete a registration form and provide the required documentation such as proof of residency and identification. Some jurisdictions may have specific enrollment periods or deadlines. It is important to research and follow the procedures in your area to ensure your domestic partnership is recognized and you can access the associated benefits.
Talk To An Experienced Attorney Today
At Stuart N. House, P.A., you will find a Fort Lauderdale domestic partnership lawyer who can help you understand the domestic partnership process more thoroughly and establish your partnership.
To receive a free consultation with Stuart, contact him online or via phone at 754-732-7482.