Salisbury Registered Domestic Partnership Attorney
A registered domestic partnership in Maryland is a legal status that allows couples to formalize their relationship without marrying. It grants partners many of the same legal rights and responsibilities as marriage. To qualify as registered domestic partners, the partners must be:
- At least 18 years of age;
- The sole domestic partner of each other;
- Unmarried; and
- In a committed relationship with each other.
Application
The two partners must prepare a "Declaration of Domestic Partnership" to be filed with the Register of Wills in the jurisdiction in which they reside. Each partner must state their name, age, home address, and sign the Declaration under the penalties of perjury. The Register may require proof of identification to verify each partner's name, age, and home address are accurate. The Declaration must also be signed by a Notary Public. The partners must pay a filing fee of $25 made payable to the Register of Wills.
The Register of Wills will review the Declaration, and, if approved, issue a Certificate of Domestic Partnership, officially recognizing the relationship under Maryland law. With the exception of the home addresses, the Declaration of Domestic Partnership is a public record.
Benefits of Becoming Registered Domestic Partners
Becoming registered domestic partners in Maryland provides couples with several important benefits, including valuable legal protections and advantages. These benefits can significantly impact various aspects of life.
Legal Rights and Protections
- Domestic partners may inherit from each other if one partner passes away without a Will; however, a domestic partnership does NOT allow a partner to claim an elective share of the deceased partner’s estate instead of what they are to receive through the deceased partner’s Will.
- The surviving domestic partner will have priority to serve as Personal Representative of the estate of the other partner.
- The surviving domestic partner will be entitled to the $10,000 spousal allowance.
- The surviving domestic partner is exempt from Maryland inheritance tax. however, a domestic partnership does NOT allow a partner to claim an elective share of the deceased partner’s estate instead of what they are to receive through the deceased partner’s will.
- Domestic partners have the right to visit each other in hospitals and make medical decisions if one partner is incapacitated.
- Domestic partners may be eligible for health insurance benefits through their partner’s employer.
Legal Responsibilities
- In the event of a separation, partners may be entitled to spousal support, like alimony in marriage.
- Domestic partners who are parents may have legal rights and responsibilities concerning child custody and support.
- Registering a domestic partnership can have legal implications, including potential responsibilities for shared debts or property.
Terminating Registered Domestic Partnership
To terminate a registered domestic partnership in Maryland, partners must follow a formal process that typically involves filing a termination form where the partnership was registered. If both domestic partners agree to terminate the domestic partnership, they may file a signed "Declaration of Termination of Domestic Partnership" with the Register of Wills. The termination will take effect 6 months after the date of filing. If domestic partners cannot reach an agreement, legal intervention may be necessary to resolve disputes and finalize the termination. A Declaration of Termination may also be filed in the event of marriage or death of a domestic partner.
Additional Considerations
Estate Planning: Domestic partners may want to consider updating their wills, powers of attorney, and other estate planning documents to reflect their domestic partnership status. The attorneys at MacDonald Law Office can assist with the completion of a Declaration of Domestic Partnership and planning for management of assets during life and distribution of assets upon death.
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