Arizona Domestic Partnership Defined
Domestic partnerships are also an option for people who live in Arizona. A domestic partnership is defined as a legal union between two people that is not a marriage. Like marriage, civil unions, and registered domestic partnerships, domestic partnerships create a legal bond between two people.
A domestic partnership differs from a marriage in the following ways:
Two people may choose to enter into a domestic partnership for a variety of reasons. Couples may not agree with the institute of marriage , as it has traditionally been defined. Or, they may choose a domestic union as a temporary or co-parenting arrangement. As domestic partnerships are a legal union, they can include the concept of shared property, rights to healthcare benefits through a partner’s employer, and tax sharing, similar to an institution of marriage.
Arizona Domestic Partnership Legal Requirements
Arizona law requires that both partners file a document to establish a domestic partnership. The Commissioner of Financial Institutions issues a Certificate of Declaration of Domestic Partnership. You must have the Domestic Partner Declaration notarized before filing it with the Corporation Commission.
In order to qualify as a domestic partnership under Arizona law, a couple must meet the following criteria:
• Be at least eighteen years of age
• Not be related by blood to the other person in a way that, if they were different genders, would prohibit them from marrying
• Not currently be married or be in another domestic partnership
• Have filed a Declaration of Domestic Partnership with the Commissioner of Financial Institutions
• Have paid a $25.00 fee with your application for Certificate of Declaration of Domestic Partnership
• Have signed the Declaration of Domestic Partnership voluntarily and willfully
If you were married or in an intimate relationship with someone for at least three years in Arizona, but you never legally married, the law does not require you to file a Declaration of Domestic Partnership to obtain an annulment, dissolution, or separation.
Domestic Partnership Benefits and Limitations
In Arizona, a domestic partnership entitles domestic partners alike to many of the same benefits guaranteed to marriage couples. For example, domestic partners are entitled to coverage under their partner’s health insurance plan, and domestic partnership certificates must be legally recognized by the state for purposes such as spousal reduction in tax liability, inheritance rights when a spouse dies, and debt collection protection.
However, because domestic partnerships are not considered the same as a marriage under the law, there are other benefits that are not legally extended to domestic partners. For example, a domestic relationship is not grounds for divorce in Arizona, as it is in a marriage. Domestic partners will also not be able to obtain spousal support through the court system, which is typically granted during the divorce process.
Although domestic partners have many of the same legal protections as spouses under the law, there are inherent limitations when compared to a legal marriage, and domestic partnerships do not provide the same benefits. Domestic partnerships benefit unmarried couples who do not wish to enter into a legal marriage, such as single parents who may receive government benefits such as Social Security and Medicaid, or those who may lose certain medical benefits if they remarry and are covered under their new partner’s plan.
Domestic partnerships do not provide the same rights as marriage, and will generally only be considered under Arizona law. A domestic partnership contract, even if notarized, will not grant non-community property rights without a partnership Certificate. Similarly, benefits granted to domestic partners under law are limited only to Arizona, and other states will not be bound to recognize their own domestic partnership laws and benefits as equivalent to the legal marriage of another state.
Filing for an Arizona Domestic Partnership
Upon the completion of the Application, the applicant must file the document with the Clerk of the Superior Court, which must be located in the same county where you reside. At the time of filing the application, the applicant must also pay a fee of $28.00 to have the domestic partnership registered. If the couple desires to have certified copies of the Declaration of Domestic Partnership, the new domestic partners are required to pay an additional 43.00 for each copy that is requested.
An applicant may also apply for an expedited service, which provides the main applicant the ability to reduce the standard processing time by half. In other words, instead of two weeks for the documents to be received by mail, an expedited service will have the documents processed within one week. The expedited requests are processed every Monday at 10:00 a.m., and processed filings are mailed out every Friday. The couple must pay an extra $28.00 at the time of filing, since the application becomes a two cashier check. The expedited service is only available through the main processing center located in Maricopa County Superior Court, Clerk of the Court, Customer Service Center. There will be an additional fee of $5.00 added to the application fee to receive the expedited service. In total, the total fee to file and complete an Arizona Domestic Partnership Application is $66.00.
How to Dissolve a Domestic Partnership
Like marriage, a domestic partnership can be dissolved through the judicial system. Most of the domestic partnership laws that apply to same-sex relationships also apply to opposite-sex relationships. It will be important to have an attorney educate you about your specific relationship and advise you about the dissolution laws that apply to you. Some registered domestic partnerships are legally equivalent to marriages, acting as marriages for legal purposes while others are different and do not provide all of the legal remedies marriage would provide. Domestic partnerships can be dissolved with a petition filed with the registrar, which will ask for the dissolution of the domestic partnership and order a domestic agent or custodian for the remaining property of the record, or it can be done through other procedural methods such as a consent order, in which both parties agree to resolve issues regarding their property, debts, and financial matters.
Under A.R.S. 25-212, a domestic partnership may be terminated with a written or oral notification to the domestic registrar by either domestic partner. If the domestic partners are over 18 years old and there are no unemancipated children common to both domestic partners, then the process is fairly simple. However, if the domestic partners are under 18 years old , or if they have common children under 18 years old, or if the domestic partners do not agree that there are no further issues to be resolved, then both domestic partners must file a petition in court to terminate the domestic partnership. The process is similar to a divorce, and with the help of a professional, a domestic partnership can be dissolved in many ways.
Under A.R.S. 25-213, if one partner does not agree to terminate the domestic partnership, the other party may get a court decree terminating the domestic partnership if all of the following requirements are met: Note that it is important to have legal counsel help to resolve issues of property and financial matters when relationships end, however, parenting issues cannot be handled as much through the domestic partnership dissolution laws. Consultation and representation in court is generally necessary, and parents must have a parenting plan approved by the court in order to finalize custody and parenting time after a separation in Arizona.
Domestic partnerships require the signature of both parties, but a dissolution of the relationship can occur with the agreement of just one of the parties if there are no issues regarding unemancipated children.
As always, it is recommended to consult with an attorney experienced in domestic partnership lawsuits and concerns.
Comparison of Arizona Domestic Partnership Laws with Other States
That Arizona is publicly committed to allowing domestic partners the same rights and responsibilities afforded married couples is clear. But Arizona is not unique in creating legal rights for its same-sex and some opposite-sex cohabiting couples. In fact, many other states and jurisdictions offer some means of legal recognition for same-sex partners. In addition, some states offer domestic partnerships that provide the same rights and responsibilities to both same-sex and opposite-sex couples.
California – California offers domestic partnership registration that confers virtually all of the same rights and responsibilities afforded married couples in that state or at the federal level. Benefits obtained through California’s program include marriage-like rights to pensions and benefits (including social security), health care providers must give partners access to health care facilities and patients’ medical records, insurers must treat domestic partners the same as spouses, employers must grant leaves associated with a partner’s medical condition, and all of the surviving spouse benefits are extended to survivors in a registered domestic partnership. Domestically registered partners enjoy the same employee benefits as married persons and are also included as family members on health insurance policies. Domestic partners are allowed to adopt children individually, but not through their relationship. In California, registered domestic partners have the right to dissolve their domestic partnership in the same manner as a marriage. In 2008, a California constitutional amendment passed that defines a marriage between one man and one woman, however, the amendment expressly states that a registered domestic partnership is "equivalent to marriage for all legal purposes."
Washington – Washington’s domestic partnership law is only available to same-sex couples, but soon may be extended to opposite-sex couples. In 2009, the state legislature passed a measure known as "everything but marriage" because it provides the same benefits and obligations afforded to married couples but refers to it as a "state registered domestic partnership." A domestic partners’ rights include the same rights and benefits as a married couple to insurance benefits, family leave, pensions, health care decision making, property taxes reduction, death benefits, Workers’ compensation and guardianship, and Washington has not implemented a provision stating that domestic partnerships are equivalent to marriage. Both unmarried couples must be over 62 to register as domestic partners. In 2012, the Washington voters will be asked to decide on a state law that legalizes same-sex marriage. If the law is enacted, unmarried couples will not be able to register as domestic partners, as the state will officially recognize their relationship through marriage.
Colorado – Colorado recognizes same-sex and opposite-sex cohabiting couples through a "designated beneficiary agreement." These agreements require a form to be filed with the state’s office of records, and once filed, they afford the couple virtually all of the same benefits and responsibilities of those afforded to married couples. Designated beneficiary agreements can be revoked at any time, and some people choose to use this form of designation as an alternative to prenuptial agreements. Under the Colorado law, the only benefits that are not provided to designated beneficiaries as if they were provided to married couples are pension plan survivor benefits, workers compensation death benefits, and sick and bereavement leave. The law provides that but does not define that the equivalent of spousal rights to alternative benefit plans due to registration of a designated beneficiary agreement.
Recent Updates and Legal News
Over the past year, three major cases have impacted Arizona domestic partnership laws.
First, last July the City of Phoenix voted 5-4 to extend its health benefit plans to cover same-sex registered domestic partners. This decision was made in compliance with a new state law passed last year that required benefits be offered to "conditionally dependent" employees similar to those offered for opposite-sex spouses. The city’s plan to offer benefits was challenged by both the Goldwater Institute and Phoenix taxpayers. However, in February the Arizona Supreme Court unanimously upheld the decision, and the new program will go into effect June 1.
Second, in October the Arizona Supreme Court denied a challenge to the Arizona Domestic Partnership Act (ADPA) that sought to strip the word "domestic" from the term "domestic partnership," mostly on procedural grounds. At the time, the Goldwater Institute was challenging four different provisions of the ADPA , including spousal benefits to all state employees, benefits for all private companies and employers, and healthcare coverage for domestic partners of state employees. The judge, however, dismissed the challenge saying the plaintiffs’ claims were based on hypothetical possibilities rather than actual situations.
Third, in February the Arizona Supreme Court ruled that same-sex partners terminated their registered domestic partnerships once they entered into marriage. This ruling was made after an Arizona woman challenged the state’s policy that equalized spousal rights for opposite-sex spouses but not same-sex partners. The outcome of the case directly contradicts a court ruling in December 2014 that recognized same-sex spouses as equal to opposite-sex spouses under Arizona law when it comes to gender-neutral terms. Under the latest ruling, same-sex couples may have to finish a dissolution within six months or have a consent decree entered before they can legally marry in Arizona.