Domestic Partnership Nebraska: Everything You Need to Know
A domestic partnership Nebraska involves a relationship between two individuals who are not marred but reside together in a committed partnership.3 min read
A domestic partnership Nebraska involves a relationship between two individuals who are not marred but reside together in a committed partnership. If granted a domestic partnership status, then the couple may be entitled to the rights that married couples benefit from.
Domestic partnerships are similar to common law marriages since they apply to unmarried couples living together. Domestic partnerships are a popular option for same-sex couples. To obtain a certificate of domestic partnership, most states require that a couple:
- Prove they are in a committed relationship.
- Have financial independence from each other.
- Be 18 years of age or older.
Laws Covering Domestic Partnerships
The laws that govern domestic partnerships will vary from state to state. Some fully recognize domestic partnerships, while other limit the benefits for them. The main purpose for most people entering into a domestic partnership is so that they can benefit from the rights that married couples enjoy, such as:
- Health care and insurance benefits
- Joint ownership of property
- Employee benefits such as medical and family leave
- Visitation rights in prisons and hospitals as family
There are several states that do not recognize domestic partnerships in any capacity:
- New Hampshire
- North Dakota
- Rhode Island
- South Carolina
To make sure you fully understand the domestic partnership laws of your state, it is best to consult a lawyer.
Terminating a Domestic Partnership
Terminating a domestic partnership can be similar to terminating a marriage. In the event of the dissolution of a domestic partnership, a court may award a party alimony payments the same as it would in the event of a divorce.
When dissolving a domestic partnership, a party will have to:
- Provide his or her partner with a notice of intent.
- Have a hearing in civil court.
- Terminate the benefits and advantages the other party had from the partnership.
If you have questions regarding the termination of a domestic partnership or how to file a civil claim, it is best to seek out the services of a family attorney.
Nebraska Common Law Marriage
The state of Nebraska has specific state laws regarding marriage and has not allowed common law marriage since 1923. Even though common law marriages are not allowed in the state, there have been recent statues that allow divorce or settlements in common law marriage situations if certain requirements are met.
In short, the statute says that all marriages contracted in the state fall under the laws of the country; if the law is valid in the country, the court will hear the case. The following marriages are prohibited in the state of Nebraska:
- A marriage prohibited by law.
- A marriage where either party is impotent.
- A marriage where one party had a spouse at the time of the marriage.
- A marriage where one party was mentally ill at the time of marriage.
- If the marriage occurred through fraud or force.
- The marriage involved one or more parties under the age of 17.
While there are few laws in the state that directly address common law marriage, a marriage can be considered valid in the state if two conditions are met:
- The couple signed power of attorney paperwork during their relationship.
- The marriage occurred in a state or district that legally allowed the union through common law marriage laws.
When validating a common law marriage in Nebraska, courts will consider several factors including:
- If both parties lived together in an out of state jurisdiction.
- If in the out of state jurisdiction, they established to common law requirements.
- If the date of declaring the specified date of marriage can be determined by the court.
- If there were power of attorney documents signed before the cohabitation began.
With the power of attorney being a factor, it is advised that a couple have one in place before forming a common law or domestic partnership in the state of Nebraska to increase their chance of having it declared valid. Additionally, if a couple that was common law married in another jurisdiction has an agreement in place about how the property will be divided in the event their relationship is terminated, Nebraska courts will honor those agreements.
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