Domestic Partnerships in New York
How Is a Domestic Partnership Defined Under New York Law?
In New York, a domestic partnership is defined as a legal relationship between two people who live with one another and share much of their lives, but are not married or united in a civil union. Under some state laws, including those of California and Nevada, domestic partnerships function in much the same way and legally recognized unions, whereas other states may bestow fewer rights to individuals in domestic partnerships.
How the law views domestic relationships is continually evolving, and depends on the jurisdiction where a couple resides. For example, couples who reside together for a long period of time may be eligible for various legal rights in a domestic partnership, provided it is established in the jurisdiction. Ultimately, registration of a domestic partnership allows for the jurisdiction to formally recognize the relationship.
Protecting Your Rights through a Domestic Partnership
Domestic partners may be entitled to certain rights, including the recognition of contribution one individual makes to the property of the other. Devices like the constructive trust are options which may be used by partners in legal marriages, but may not be available to domestic partners. This has prompted courts to find another way to protect the partner who makes contributions to the other’s property.
Some couples enter into a domestic partnership to agree on issues involving:
- Property ownership
- Support obligations
- Issues common to marriage
Same-Sex Marriage vs. Domestic Partnerships in New York
Although same-sex marriage is now legal in all U.S. states, domestic partnership is still an option. It does, however, come with more limited rights. In New York, lawfully married individuals, including those in same-sex marriages, are entitled to more rights and benefits than those registered as domestic partners. Furthermore, if a couple enters into a same-sex marriage in a state other than New York, they are still entitled to some of the same rights and benefits available to lawfully married couples in the state.
If you have questions about domestic partnerships in New York, please schedule an initial consultation with our divorce attorney, Lois M. Brenner, Esq. Call now: (646) 663-4546.
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Amazing, Skillful Mediator!!!! We went to see Lois Brenner for a mediation consultation. We had pretty much decided our marriage was over. We just wanted to end things fair and amicably. Lois Brenner spent so much time with us, and gave us great insight as to how the process would help us, we hired her on the spot. Our sessions thereafter were stealth. She organized us, helped us identify and address all the issues. She showed us how to communicate effectively throughout the process. We were able to address all our issues, especially property and finances, arrive at a comfortable settlement agreement, and now we are waiting for the judge to sign our divorce. What an extraordinary process. I highly recommend Lois Brenner and mediation. She’s super, and mediation really works.- Maggie and Josh
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Finding my way to Lois was the best thing that could have happened during my very contentious divorce. Lois took on my case with a level of care that has been above and beyond. She has been an incredible advocate for me, both legally, guiding me through this difficult process with knowledge and wisdom, and also personally, helping give me strength and support to stand up to my very aggressive ex husband. Lois is a gift, and I am so grateful to her and for the future she is helping to make possible to myself and for my son.- SC
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Thank you Ms. Brenner! It was a rough summer trying to get our parenting agreement together.but you really helped. My ex-husband and I fought all summer about what the children's schedule would be once school started. Your endless guidance and productive sessions with us made all the difference. You straightened us out with your sound, caring advice. We both feel better now. Our kids feel better too. Thank you, thank you. We hope you had a great summer. We will recommend you highly to anyone needing a family law attorney.- Brenda
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You two are really the dynamic duo! I can’t thank you both enough for the incredible job you did on my case. As a young career woman and working mother of a toddler I could not have been in better hands. You really toughened me up and guided me when I was feeling really lost. I was afraid of my husband’s clever antics but you worked hard on my case and encouraged me to fight. The settlement I received exceeded my expectations. You both listened, always returned e-mails, phone calls and even reached out to me on the weekends when I was having trouble. If anyone is going through a divorce and needs the best people to fight for you call Lois and Matt. It was the best thing I ever did. There are no words to express how grateful I am.- Tara P.
