D.C. Code § 32-701 et. seq., The Health Care Benefits Expansion Act, provides for a legal process to recognize a familial relationship called a Domestic Partnership. The primary purpose of the Code is to provide expanded health care coverage to District of Columbia employees, who are domestic partners, and to the domestic partner's dependent children. The Domestic Partnership Equality Amendment Act of 2006 expanded the rights and responsibilities of domestic partners in several areas of the law to the level equal to that of a married couple. Same sex couples can take advantage of this law.
There are several requirements to qualify to register a domestic partnership. The couple must not be married. Each partner must be at least 18 years old and competent to contract. They must be in a committed familial relationship and the sole domestic partner of the other. There is no requirement that either person live in the District of Columbia at any time.
To qualify for the benefits, rights, and responsibilities of a domestic partnership, the two partners must execute a declaration under penalty of perjury that they each meet the requirements as described above. The date the domestic partnership becomes effective is the date the declaration is accepted for registration by the Mayor of the District of Columbia.
The court does not have authority to terminate a domestic partnership. To terminate a domestic partnership, one of the partners must file a statement of termination with the Mayor. The statement should be signed by both of the partners if they agree to terminate. It must be signed by one of the partners if both do not agree to terminate. If they do not agree to terminate, the partner filing the statement must serve it on the other partner. The termination statement takes effect six months after the statement is filed with the Mayor.
The mode of service and proof of service preferred is not specified in the Code. However, if child support, property distribution, or other ancillary matters are to be submitted to the court for resolution, it would be wise to use the same formality in serving the statement as one would use to serve a complaint for divorce or petition for child support.
There are other formalities that must be followed to effectively terminate a domestic partnership. Please contact our office for more specific information.
- by Jackson Michael Doggette Jr., Premier Marriage, Divorce, Child Custody, Paternity, Adoption, and Family Law Attorney in Washington, DC
- Visit www.DoggetteLaw.com
Is there a time on how long the couple can be together before its considered a domestic relationship?
ReplyDeleteNo time period is required by the statute. However, "Before accepting a declaration of domestic partnership, the Mayor may examine any applicant under oath to ascertain the names and ages of the persons desiring to register as domestic partners and any other information as required by subsection (a) of this section." D.C. Code §32-702(b) No time period is required as long as the declaration is truthful.
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