File for a Domestic Partnership in New York

A domestic partnership is a legally recognized relationship between two people. Filing for a domestic partnership has a number of benefits. Aside from confirming the status of the relationship, domestic partners are also entitled to many of the same benefits of a married couple, including health insurance.[1] In the state of New York, domestic partnerships are legal for same and opposite sex couples. Filing for a domestic partnership is a matter of going through a relatively straight-forward application process.

Steps

Part 1 of 2: Researching and Completing the Application

  1. Determine if you and your partner meet the requirements to file. It is not possible for any two people to file for a domestic partnership in New York without meeting certain basic requirements. These requirements are related to age, residence, and personal history.[2]
    • In most cities and counties, both you and your partner need to be residents of the country/city in which you are applying for domestic partnership. However in New York City, Rockland County and Suffolk County, one partner may be an employee of the city/county at the time of registration instead of being a resident. Also, in Albany, Ithaca, and Rochester you do not have to be residents to file.[3]
    • Both you and your partner need to be 18 years of age.
    • You and your partner cannot be blood related.
    • You and your partner cannot be legally married or in another domestic partnership.
    • You and your partner must be in a close and committed personal relationship.
    • You and your partner must live together, and have been living together on a continuous basis (typically 6 months).
    • You and your partner cannot have been in another domestic partnership within the last 6 months.
  2. Begin the application process with an affidavit. You will first need to complete an affidavit, which is a written report that promises the information contained is true and can be used in court.[4] In New York City this can be done online at the city clerk's office.[5][6] In other locations, the form is available for download online and can then be sent in by mail.[7] Alternatively, hard copies can be picked up at the city/county clerk's office.
  3. Appear in person at the clerk's office with your application, ID and fee. In New York City and other cities/counties, you will need to bring a credit card or check or money order made payable to the clerk's office. Both you and your partner need to be in attendance. If you have submitted your affidavit online in New York City, you will not need to bring a hard copy. Be sure to bring valid ID.[2]
    • Most counties in the state of New York charge an application fee of $35.00.[8][9] In others, including Suffolk County, the fee is $20.00.[10] In the City of Rochester the fee is $50.00.[11]
    • Valid forms of ID include a valid driver license or non-driver identification card, original birth certificate, passport, official school record, United States permanent resident card, your employee identification card or your your IDNYC.[12]
  4. Sign the application. This is the final step of the application process. You and your partner must sign the application and have it notarized. Conveniently, Clerk Offices provide free notary services on site.
  5. Claim your certificate of domestic partnership. After you and your partner have completed the application process, you will receive a certificate of domestic partnership.
    • Additional copies of the certificate can be purchased for a fee, which ranges from $9.00 to $15.00.

Part 2 of 2: Understanding Your New Benefits

  1. Understand you and your partner's new rights. As domestic partners, you and your partner are now entitled to a number of rights and benefits. These are similar to those afforded to a married couple.[2]
    • Domestic partners are allowed time off for bereavement and child care responsibilities.
    • In New York City, domestic partners are allowed to visit each other in New York City operated hospitals, correctional, and detention facilities.
    • A domestic partner can be added to a housing rental agreement as a family member.
    • Domestic partners are eligible for health care benefits provided by many cities in New York, including New York City, Albany, Rochester and more.
    • Domestic partners of New York City firefighters, police officers, uniformed correctional officers and other city workers killed while on duty have the right to a monetary award from the city.
  2. Research other benefits that may be available to you and your partner. Your new certificate is proof of your registered civil union and can be used to apply for domestic partnership benefits.[1] These may include:
    • Health dental and vision insurance.
    • Sick and bereavement leave.
    • Accident and life insurance.
    • Death benefits.
    • Parental leave.
  3. Prepare the documents you will need for benefits. In most cases, you will simply need the certificate that was issued by the clerk's office. Legally, you should not be required to complete any other documentation proving that you are in a domestic partnership.[13]

Tips

  • If you or your partner ever marry (each other or someone else), your domestic partnership ends automatically.
  • A domestic partnership ceremony can also be performed at the City Clerk's office for an additional fee.

Warnings

  • Legally married couples are entitled to more rights and benefits under New York State law than domestic partners. This includes child custody (visitation is not awarded to the partner who is not a biological parent) and property rights (division of property laws that are applicable to married couples do not apply in civil unions).

Related Articles

Sources and Citations

  1. ↑ 1.0 1.1 http://www.nolo.com/legal-encyclopedia/domestic-partnership-benefits-29916.html
  2. ↑ 2.0 2.1 2.2 http://www.cityclerk.nyc.gov/html/marriage/domestic_partnership_reg.shtml
  3. ↑ http://www.unmarried.org/legal-information-resources-by-state/
  4. ↑ http://www.merriam-webster.com/dictionary/affidavit
  5. ↑ http://www.cityclerk.nyc.gov/html/about/office.shtml
  6. ↑ https://www1.nyc.gov/cityclerkformsonline/
  7. ↑ http://www.westchesterclerk.com/images/stories/pdf/Legal/dompartaffofdompartreg.pdf
  8. ↑ http://ecode360.com/7683453
  9. ↑ http://www.westchesterclerk.com/index.php?option=com_content&view=article&id=17&Itemid=212
  10. ↑ http://ecode360.com/14945167
  11. ↑ http://www.cityofrochester.gov/article.aspx?id=8589937602
  12. ↑ http://www.cityclerk.nyc.gov/html/marriage/domestic_partnership_reg.shtml#ident
  13. ↑ http://www.hrc.org/resources/entry/domestic-partner-benefit-eligibility-defining-domestic-partners-and-depende
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