Domestic partnership provides an option for couples who live together but prefer not to get married. Our Georgia family law attorneys can guide you through the process and legal requirements, ensuring you understand the rights and responsibilities that go along with this commitment.
Unlike a legal marriage, a domestic partnership does not provide you with tax benefits and spousal inheritance rights, nor does it automatically establish paternity in the event there are children born of the relationship. Instead, as a party in a domestic partnership, you might have to bring legal action in order to gain rights to your children, such as a legitimation action sometimes brought by unwed fathers. If you are a father in a domestic partnership, it would makes sense to speak with an attorney about filing a consent legitimation action with the court so that you have custody rights to your children in the event domestic partnership ends.
Several cities and counties in Georgia -- the City of Atlanta, Fulton County, and the Unified Government of Athens-Clarke County -- have passed laws providing for domestic partnerships. A common requirement of these governmental entities is that one member of the partnership must be a city/county employee in order to qualify.
However, there can be other subtle differences in who qualifies in each of these municipalities. For example, the City of Atlanta offers domestic partnership as an option for city employees who are residents of the city and living together, provided they are over 18 and not currently in another domestic partnership agreement or legal marriage. Domestic partnership is also offered in Athens-Clarke County and in Fulton County at large, but Fulton only offers domestic partnerships to couples in same-sex relationships. Domestic partnership legal rights you may be entitled to include:
A Domestic Partnership Agreement, also commonly called a Joint Property Agreement or a Living Together Agreement, is a document that explains the contractual legal rights and responsibilities of each partner when a couple decides to form a long-term committed relationship and own property together.
A Domestic Partnership Agreement is an important legal document for any unmarried relationship. Now that same-sex relationships are recognized by family law, the Domestic Partnership Agreement would be for both heterosexual and same-sex relationships.
In the event of potential disputes, misunderstandings or death, a Domestic Partnership Agreement can help clarify ownership of property, provide guidance for dividing property in the event of a separation, and specify a dispute resolution mechanism such as mediation or arbitration prior to the commencement of litigation.
In Atlanta, domestic partnership is available to both city residents and government employees. To register, contact the Atlanta Mayor’s Office through Constituent Services.
The basic requirements for domestic partnership in all three areas where it is offered are generally the same.
To register, you need to provide a government-issued photo ID listing your address or other proof that you reside together, such as a utility bill. You must also assert that you are at least 18 years old, are not currently in another domestic partnership agreement, and are not legally married or separated.
Once you submit the appropriate information, pay processing fees, and have your application approved, you will receive a domestic partnership certificate. While it is not equivalent to a marriage license, it may be presented to employers and service providers to qualify you for certain benefits. Once this certificate is in place, you must notify the issuing office in order to have it terminated.
While domestic partnership can be a viable option for couples who would rather not get married, it can present problems in the event you and your partner become parents.
Proving Paternity in Domestic Partnerships
For couples who are legally wed, the husband is automatically assumed to be the father of any children born during the marriage. Being married ensures his name is on the birth certificate and makes him responsible for providing financial support. It also ensures that the child receives certain benefits, such as inheritance rights and access to health care, social security, and other important programs.
For cohabitating couples in domestic partnerships, this is not the case. There is no automatic presumption of fatherhood. Instead, the Georgia Department of Human Services (DHS) advises that the father complete a voluntary acknowledgment of paternity form as soon as possible, preferably in the hospital after giving birth. This acknowledgment provides unwed fathers with legal or physical custody rights to their children.
If the acknowledgment was not signed, and the relationship ends, in order to gain guaranteed rights to their children, unwed fathers may have to go to court and initiate paternity proceedings, including a legitimation action, to establish their custody rights.
Child Support and Domestic Partnerships
Parents have a legal responsibility to provide for their children financially. People in domestic partnerships have the same rights to receive child support through a court order as those in legal marriages.
In the Georgia courts, child support proceedings rely on guidelines to determine the amount of support that should be paid. This will vary based on the child’s individual needs, any custody arrangements, and the income or earning potential of each parent.
Once a child support order is in place, it can be enforced through the court in the event it is not paid. For any parent in a child support action, it is important that the appropriate amount of child support is ordered. This usually means that there needs to be an accurate reporting of each parent’s income. This can be difficult for a self-employed parent.
At Stearns-Montgomery & Proctor, our attorneys have the necessary training and experience to ensure that all issues related to children in a domestic partnership are appropriately addressed.
