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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Lois is a “Rock Star” I was very worried about my daughter who was in a really bad marriage. I started researching divorce attorneys and found Lois Brenner. I called her, discussed my daughter’s horrible marriage and she agreed to meet with us. Since my daughter’s husband wanted out of the marriage too (he was cheating), Lois suggested she help them dissolve their marriage in mediation. To my surprise it worked out. Lois was able to keep my daughter and husband from fighting during their sessions, and she helped them resolve all their financial issues. Since I was paying the fees to help my daughter, not having to go to court saved us a great deal of money. As a father, I am truly grateful for everything Lois did. Her talks with me in the beginning of the process, to calm me down, really helped. I would highly recommend her to anyone thinking of divorce.- Graham (happy dad)
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We have Lois Brenner to thank for turning our marriage around. We hired Lois as our mediator when we were considering divorce. When we started working with her and she realized we wanted to try to keep our marriage together she suggested a postnuptial agreement to get our marriage back on track. Having the postnuptial agreement made us both accountable when it came to our issues. Having this doc in place is clearly helping us redefine our marriage in a better way. I don’t know if we will never get divorced, but for now we are respecting each others’ boundaries and are aware of the consequences if we don’t! It was really cool that Ms. Brenner suggested this method as an option. Most divorce attorneys would not have suggested a way for us to try to stay together. She is very talented and unusual in the best possible way. If we choose to take the divorce path eventually we will definitely hire her again. In the meantime we are making it work. She is amazing.- Joseph M
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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 & Josh
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Lois acted as the mediator in my divorce, and she was absolutely excellent. It was a very difficult time for me personally, but Lois made the process as easy and painless as it could possibly have been. She listened to each of us separately, and made thoughtful and helpful suggestions. She is fair, and seemed to genuinely care about finding a solution that was best for both parties. Lois is perfectly qualified to handle this type of situation, given her background in psychology. She truly understands people, and used this ability to keep my ex-husband and I calm, and smoothly navigate a few tricky situations. I felt very understood by Lois, and think that she not just a top-quality attorney, but also a very decent person. She is responsive, and answered my emails within a couple of minutes every time. Highly rated!
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“Keep up the good work!”- Jonathan
