Introduction
In the state of Oregon, couples who are not married but wish to establish a legally recognized relationship have the option to create a domestic partnership. This article aims to discuss the legal considerations that individuals need to take into account when entering into a domestic partnership in Oregon. It will explore what a domestic partnership entails, the process of creating one, the legal rights and protections it provides, and the dissolution process.
What Is A Domestic Partnership?
A domestic partnership is a legal agreement between two individuals who are at least 18 years old and fulfill certain requirements. As per Oregon statutes, a domestic partnership is defined as an agreement between two individuals, regardless of their sexual orientation, who meet the following criteria:
- Committed to sharing a life together
- Not married or unable to enter into a valid marriage due to legal barriers
- Not closely related by blood
- At least 18 years old and capable of providing consent to the partnership
It is important to understand that a domestic partnership is distinct from marriage, as it does not afford all the legal rights and protections that accompany marriage.
Creating A Domestic Partnership
To establish a domestic partnership in Oregon, both individuals must complete and sign a Declaration of Domestic Partnership form, which can be obtained from the Oregon Secretary of State’s website. A critical step in the creation process involves signing the form in the presence of a notary public or another authorized representative.
The filing of the Declaration of Domestic Partnership incurs a $60 fee, and it must be submitted to the Oregon Secretary of State’s office. Once the form is successfully filed, the domestic partnership receives legal recognition within the state.
Legal Rights And Protections
While domestic partnerships in Oregon do afford certain legal rights and protections, they do not confer all the rights associated with marriage. Noteworthy legal rights and protections available to domestic partners in Oregon include:
- Joint parenting rights
- Inheritance rights
- Authority to make medical decisions for one’s partner
- Right to make funeral arrangements for one’s partner
- Option to sue for the wrongful death of one’s partner
- Eligibility to claim workers’ compensation benefits if one’s partner sustains a work-related injury
- Entitlement to continue receiving health care benefits from the partner’s employer
It is essential to recognize that the availability of these legal rights and protections may not be automatically granted to domestic partners. Additional legal documents, such as power of attorney or a will, may be necessary to secure these rights.
Dissolving A Domestic Partnership
Similar to marriage, the dissolution of a domestic partnership in Oregon requires a legal process. Individuals seeking to dissolve their domestic partnership must file a petition for dissolution with the court.
In the context of dissolving a domestic partnership, the court will consider various factors, including the division of property, spousal support, and parenting time if children are involved. To navigate through the dissolution process effectively, individuals in a domestic partnership should consult with an attorney.
Conclusion
In conclusion, domestic partnerships in Oregon offer certain legal rights and protections for couples who are not married but wish to have their relationship legally recognized. However, it is essential to note that domestic partnerships fall short of providing all the rights and protections associated with marriage. To ensure that their desired legal rights and protections are secured, couples in domestic partnerships might need to take additional legal measures. Therefore, it is highly recommended that individuals contemplating entering into a domestic partnership seek legal counsel to gain a comprehensive understanding of their rights and responsibilities.