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Canterbury Law Group | Current Blog Postings
2024
10th Dec 2024
How Much Does Divorce Cost If Both Parties Agree?
Getting a divorce is Arizona can be costly. However, how much you spend will depend on the type of divorce.
1st Nov 2024
Alternatives To Gray Divorce
31st Oct 2024
How Long Does A Chapter 13 Bankruptcy Last?
3rd Jun 2024
Low Cost Bankruptcy
3rd Jun 2024
Debts that Remain After a Chapter 13 Discharge
3rd May 2024
Pros and Cons of Chapter 13 Bankruptcy
3rd May 2024
Can You Clear Medical Debt in Bankruptcy?
18th Mar 2024
Can Bankruptcy Stop Wage Garnishment?
18th Mar 2024
Sample Cease Communications Letter To Creditor
1st Mar 2024
Can You Keep Your Car After Filing Bankruptcy?
2nd Jan 2024
The Consequences Of Filing For Bankruptcy
2023
23rd Dec 2023
Can Filing For Bankruptcy Make Your Tax Debt Go Away?
23rd Dec 2023
How Often Can You File For Bankruptcy?
29th Nov 2023
What Is The Downside of Filing For Bankruptcy
16th Oct 2023
Is Filing for Bankruptcy Bad?
30th Aug 2023
Understanding Bankruptcy Reorganization Plans
23rd Aug 2023
What Is The Average Retainer Fee For A Criminal Lawyer?
21st Aug 2023
Bankruptcy Exemptions:
19th Jun 2023
Criminal Defense Strategies
12th Jun 2023
Domestic Partnerships
Not every happy, committed couple chooses to get married. For their own reasons, some couples choose to cohabitate. Some couples may legally formalize their relationship to receive some of the benefits married couples enjoy. They may file for a domestic partnership or a civil union. In some states, however, there is no alternative legally recognized relationship. But any unmarried couple can create a cohabitation agreement on their own. This is essentially just a contract between two parties.
A cohabitation agreement clarifies the rights and responsibilities of each person in the relationship. It documents how finances, assets, and debts will be handled during the relationship. And depending on what the couple wishes to include in the document, it can do more.
FindLaw's Domestic Partnerships section provides information about these alternatives to marriage. Review the links below to learn about the benefits of domestic partnership and civil union, state laws, and how to start and end a relationship.
A domestic partnership is a legally recognized form of a committed relationship. Not all states recognize domestic partnerships within a legal context. The details of domestic partnerships may differ by state and municipality.
According to the National Conferences of State Legislatures, these states recognize domestic partnerships:
Some municipalities recognize domestic partnerships even though their state does not. Individual businesses may recognize domestic partnerships for purposes of employee benefits, even if the states in which they operate does not.
Domestic partnerships became particularly significant during the push for same-sex marriage rights. Many states and cities offered domestic partnerships when same-sex marriages weren't yet legal. To make it official, partners need to file a Domestic Partnership Agreement. They usually must pay a filing fee to the local government.
Civil unions extended some of the legal rights of marriage to same-sex couples. Since the legalization of gay marriage by the Supreme Court in 2015, civil unions have waned in popularity. Only Colorado, Hawaii, Illinois, New Jersey, and Vermont still recognize civil unions. The federal government does not consider civil unions to be the legal equivalent of marriage.
Why would a couple choose a domestic partnership instead of just getting married? Most likely, there are personal reasons for avoiding marriage. They may feel there are too many societal or family obligations that come with marriage. They may have been part of a nasty divorce and are now shy of repeating a past mistake. Domestic partnerships are easier to end.
There can also be financial benefits to avoiding marriage. Couples where both partners are high earners can avoid the “marriage penalty" when it comes to taxes. A cohabiting partner receiving alimony may continue to receive alimony. This varies by state, however, and is an evolving area of law.
A domestic partnership provides the two parties with some of the legal benefits of marriage. But just as recognition of domestic partnerships varies by state, so do the benefits. One of the main reasons to enter a domestic partnership is to access domestic partnership benefits. This could include health and life insurance benefits, death benefits, and rights to family leave when a partner is ill.
Domestic partners may be eligible for these benefits:
There are some significant downsides to domestic partnership status compared to traditional marriage. Domestic partnerships are not uniformly recognized by the federal government or its agencies (like Social Security or the IRS). They are also not recognized by insurance companies in the same way or by all foreign governments. Additionally:
To understand the financial and tax implications of a domestic partnership, talk to a tax attorney.
Termination of domestic partnerships is similarly easy. One partner typically files a form with the Secretary of State or the county or city clerk. Assets in the marriage do not become community property. They remain individual assets. If both parties paid for an asset, they may work through an attorney or mediator on property division.
If there are children from the relationship, a child custody and parenting time agreement need to be negotiated. You will also need to get a child custody court order approved by a family court judge. The court might also order child support.
Understanding the legal and financial issues surrounding domestic partnerships can be challenging. An experienced family law attorney can provide information about domestic partnership laws in your state. They can also draft a cohabitation agreement or assist with property division and child custody. Attorneys can provide you with valuable legal advice.
A cohabitation agreement clarifies the rights and responsibilities of each person in the relationship. It documents how finances, assets, and debts will be handled during the relationship. And depending on what the couple wishes to include in the document, it can do more.
FindLaw's Domestic Partnerships section provides information about these alternatives to marriage. Review the links below to learn about the benefits of domestic partnership and civil union, state laws, and how to start and end a relationship.
What Is a Domestic Partnership?
A domestic partnership is a legally recognized form of a committed relationship. Not all states recognize domestic partnerships within a legal context. The details of domestic partnerships may differ by state and municipality.
According to the National Conferences of State Legislatures, these states recognize domestic partnerships:
- California
- District of Columbia
- Hawaii (allows for reciprocal beneficiaries)
- Maine
- Nevada
- Oregon
- Washington
- Wisconsin
Some municipalities recognize domestic partnerships even though their state does not. Individual businesses may recognize domestic partnerships for purposes of employee benefits, even if the states in which they operate does not.
Domestic partnerships became particularly significant during the push for same-sex marriage rights. Many states and cities offered domestic partnerships when same-sex marriages weren't yet legal. To make it official, partners need to file a Domestic Partnership Agreement. They usually must pay a filing fee to the local government.
What Is a Civil Union?
Civil unions extended some of the legal rights of marriage to same-sex couples. Since the legalization of gay marriage by the Supreme Court in 2015, civil unions have waned in popularity. Only Colorado, Hawaii, Illinois, New Jersey, and Vermont still recognize civil unions. The federal government does not consider civil unions to be the legal equivalent of marriage.
Why Domestic Partnership Instead of Marriage?
Why would a couple choose a domestic partnership instead of just getting married? Most likely, there are personal reasons for avoiding marriage. They may feel there are too many societal or family obligations that come with marriage. They may have been part of a nasty divorce and are now shy of repeating a past mistake. Domestic partnerships are easier to end.
There can also be financial benefits to avoiding marriage. Couples where both partners are high earners can avoid the “marriage penalty" when it comes to taxes. A cohabiting partner receiving alimony may continue to receive alimony. This varies by state, however, and is an evolving area of law.
The Benefits of Domestic Partnerships
A domestic partnership provides the two parties with some of the legal benefits of marriage. But just as recognition of domestic partnerships varies by state, so do the benefits. One of the main reasons to enter a domestic partnership is to access domestic partnership benefits. This could include health and life insurance benefits, death benefits, and rights to family leave when a partner is ill.
Domestic partners may be eligible for these benefits:
- Coverage by a partner's work-provided healthcare or insurance benefits plan
- Eligibility for family sick leave and bereavement leave if one's partner gets sick or dies
- Tax benefits from filing taxes as a single filer, which typically has a lower tax bracket
- Rights to the inheritance of a domestic partner, which some states recognize but others do not (see the Social Security website for information on non-marital legal relationships)
- The allowance of domestic partners' hospital and jail visitation rights, as recognized by some states
- The allowance of domestic partners to make financial and medical decisions on a partner's behalf, as recognized by some states
The Downside of Domestic Partnership
There are some significant downsides to domestic partnership status compared to traditional marriage. Domestic partnerships are not uniformly recognized by the federal government or its agencies (like Social Security or the IRS). They are also not recognized by insurance companies in the same way or by all foreign governments. Additionally:
- You cannot file your taxes jointly.
- Your partner cannot receive your Social Security benefits after you die.
- You may not automatically inherit from your partner. If you are named in a will and inherit, you may pay inheritance tax.
- If an employer extends health insurance benefits to a non-employee partner, the value of that benefit is taxable income. There may also be different limits on coverage.
- A domestic partner may not have the same rights of access, information, and medical decision-making that a spouse would have.
To understand the financial and tax implications of a domestic partnership, talk to a tax attorney.
Termination of domestic partnerships is similarly easy. One partner typically files a form with the Secretary of State or the county or city clerk. Assets in the marriage do not become community property. They remain individual assets. If both parties paid for an asset, they may work through an attorney or mediator on property division.
If there are children from the relationship, a child custody and parenting time agreement need to be negotiated. You will also need to get a child custody court order approved by a family court judge. The court might also order child support.
Hiring a Family Law Attorney
Understanding the legal and financial issues surrounding domestic partnerships can be challenging. An experienced family law attorney can provide information about domestic partnership laws in your state. They can also draft a cohabitation agreement or assist with property division and child custody. Attorneys can provide you with valuable legal advice.
24th May 2023
Expungement Basics And Eligibility Process
15th May 2023
Medical Bankruptcies
11th Apr 2023
Establishing Paternity And Father’s Rights
When a child is born to a married couple, a legal presumption arises that the husband is the child’s father. This isn’t the case with unmarried couples. Establishing paternity is important for unmarried couples in the event they break up and one parent seeks custody or child support for inheritance purposes or a variety of […]
10th Mar 2023
Establishing Paternity and FAQ
When a child is born to a married couple, a legal presumption arises that the husband is the child’s father. This isn’t the case with unmarried couples. Establishing paternity is important for unmarried couples in the event they break up and one parent seeks custody or child support for inheritance purposes or a variety of […]
27th Feb 2023
Paternity Blood Tests and DNA
When a child is born to a married couple, a legal presumption arises that the husband is the child’s father. This isn’t the case with unmarried couples. Establishing paternity is important for unmarried couples in the event they break up and one parent seeks custody or child support for inheritance purposes or a variety of […]
20th Feb 2023
Establishing Paternity
When a child is born to a married couple, a legal presumption arises that the husband is the child’s father. This isn’t the case with unmarried couples. Establishing paternity is important for unmarried couples in the event they break up and one parent seeks custody or child support for inheritance purposes or a variety of […]
8th Jan 2023
What Is Divorce Good For
Most people who are thinking about getting a divorce are aware of what to expect. They have seen divorces in the movies and frequently have at least a few personal acquaintances who have gone through divorce. Even with this “second-hand” knowledge, going through your own divorce is one of the scariest things you can do […]
2022
31st Dec 2022
Voluntary Manslaughter
31st Dec 2022
Involuntary Manslaughter
12th Dec 2022
Voluntary Manslaughter Defenses Sentencing and Penalties
12th Dec 2022
First Degree Murder
5th Dec 2022
Voluntary Manslaughter Defenses
29th Nov 2022
What Happens to Liens in Chapter 7 Bankruptcy?
4th Oct 2022
First Degree Murder Sentencing and Penalties
29th Sep 2022
Bankruptcy v. Doing Nothing
29th Sep 2022
Military Divorce
While military divorces are not more complicated than civilian divorces, there are particular divorce procedures and requirements that apply to U.S. service members and their spouses. These differences may pertain to support payment compliance, service of process, residency or filing requirements, or the distribution of military pensions. The following is an outline of the laws […]
12th Sep 2022
Voluntary Versus Involuntary Manslaughter
7th Sep 2022
What Is Credit and Debt Counseling in Bankruptcy?
31st Aug 2022
Voluntary Manslaughter
31st Aug 2022
Emergency Bankruptcy Filing
31st Aug 2022
Divorce And Business Ownership
Eric and Ariel reached the terrible choice to divorce after 19 years of marriage. Ariel’s profession of collecting and selling various collectibles began before their marriage. However, now that she is getting a divorce, she is concerned about the future of her business. Will it be divided between her and Eric, or does she retain […]
31st Aug 2022
First Degree Murder and Second Degree Murder
8th Aug 2022
Murder In The First Degree
8th Aug 2022
What Is a Controlled Substance?
12th Jul 2022
Collecting Business Debts
29th Jun 2022
Under Arrest and Unlawful Arrest
23rd Jun 2022
Expungement Basics And Eligibility
22nd Jun 2022
Inheritance and Divorce
Learn whether a court can divide your inheritance in a divorce. Not necessarily. For purpose of divorce, the law usually categorizes property as either “marital” or “separate.” As a general rule, marital property is subject to division between the spouses; separate property isn’t. This is true whether you live in a “community property” state (like […]
22nd Jun 2022
What Is a Priority Claim in Bankruptcy?
7th Jun 2022
Expungement Basics
16th May 2022
Best Effort Requirement in Chapter 13 Bankruptcy
9th May 2022
Driving Under the Influence of Drugs
2nd May 2022
Creditor Objection to Chapter 13 Plan
20th Apr 2022
The Chapter 13 Confirmation Hearing
30th Mar 2022
Different Types of Separation
What does the term “separated” mean? Discover the distinctions between trial separation, permanent separation, and legal separation. When it comes to marriage, separation is not synonymous with divorce—even if you have a court-ordered “judgment of separation.” Separation is when you live apart from your spouse but remain legally married until you obtain a divorce judgment. […]
30th Mar 2022
What Does The Chapter 7 And 13 Bankruptcy Trustee Do?
30th Mar 2022
Possession of Meth: Charges and Penalties
9th Mar 2022
Arizona Heroin Laws
9th Mar 2022
What Does The Chapter 13 Bankruptcy Trustee Do?
9th Mar 2022
Medical Marijuana Laws
27th Feb 2022
Drug Paraphernalia Charges
8th Feb 2022
What is the Controlled Substances Act?
25th Jan 2022
Arizona Heroin Possession Lawyers
19th Jan 2022
Crack vs. Powder Cocaine: Penalties
7th Jan 2022
Cocaine Possession: Penalties and Defenses
2021
13th Dec 2021
Drug Possession Defenses
13th Dec 2021
Chapter 13 Bankruptcy Cost 2021
13th Dec 2021
Right To Counsel
22nd Nov 2021
Types of Drug Charges
2nd Nov 2021
Manufacturing Drugs Charges & Penalties
26th Oct 2021
Which Debts Are Discharged in Chapter 7 Bankruptcy?
26th Oct 2021
Drug Cultivation Lawyers
12th Oct 2021
Drug Cultivation and Manufacturing Charges
4th Oct 2021
Pros and Cons of Filing Chapter 7 Bankruptcy
4th Oct 2021
What Do Criminal Defense Attorneys Do?
20th Sep 2021
What is Criminal Defense?
13th Sep 2021
How Do Bankruptcy Exemptions Work
13th Sep 2021
What Happens if You Get Caught with Coke?
7th Sep 2021
How Much Does Chapter 7 Bankruptcy Cost?
6th Sep 2021
Never Take a Plea Bargain
26th Aug 2021
What Happens When You Plead Guilty To a Felony?
12th Aug 2021
Plead Guilty or Go to Trial?
9th Aug 2021
Forced to Plead Guilty When Innocent
20th Jul 2021
What Happens When You Accept a Plea Bargain?
14th Jul 2021
Plea Bargains
28th Jun 2021
How To Get A Better Plea Bargain
22nd Jun 2021
Who Can File Chapter 7 Bankruptcy?
22nd Jun 2021
How To Find A Criminal Lawyer
27th Apr 2021
Do I Need a Criminal Lawyer?
7th Apr 2021
Misconduct Involving Weapons
7th Apr 2021
Sexual Exploitation of a Minor
17th Mar 2021
Lawyer For Child Porn Charges
22nd Feb 2021
Possession with Intent To Sell Drugs: What To Do?
8th Feb 2021
Do I Have to Talk to the Police
2nd Feb 2021
First Degree Murder Charges
27th Jan 2021
How to Get Aggravated Assault Charges Dropped
25th Jan 2021
How to File for Legal Separation in Arizona
13th Jan 2021
How Many Years for Aggravated Assault?
4th Jan 2021
Aggravated Assault Charges
2020
21st Dec 2020
What is Aggravated Assault?
15th Dec 2020
How to Get a Reduced Prison Sentence
7th Dec 2020
What is the Process of a Criminal Trial?
30th Nov 2020
What Is Felony Murder
23rd Nov 2020
What Is A Felony?
18th Nov 2020
What Is a Class 6 Felony?
10th Nov 2020
Class 6 Felony Arizona
2nd Nov 2020
What Happens If You Get Caught with Cocaine?
26th Oct 2020
How To Win A Drug Possession Case
19th Oct 2020
How Much Does a Lawyer Cost for Drug Possession?
13th Oct 2020
What is a Possession Charge?
5th Oct 2020
How To Get a Possession Charge Dismissed
28th Sep 2020
Drug Crime Laws
23rd Sep 2020
How Many Years In Jail For Drug Possession?
15th Sep 2020
How To Beat A Drug Trafficking Charge
10th Sep 2020
Is Drug Possession A Felony In Arizona?
2nd Sep 2020
What Is Drug Trafficking?
27th Aug 2020
What is Chapter 7 Bankruptcy?
27th Aug 2020
What is a Felony Drug Charge?
27th Aug 2020
What Constitutes a Felony Drug Charge?
9th Jun 2020
What To Look For In A Criminal Defense Lawyer
12th May 2020
Possession Of A Controlled Substance
31st Mar 2020
How To Beat Domestic Violence Charges
24th Mar 2020
What Is Domestic Violence?
20th Mar 2020
Will I Get a $1,000 Check from the Coronavirus Stimulus Package?
Will I get money from the Coronavirus Bail-Out/Stimulus Bill? Right now, Democrats and Republicans are battling over the specific provisions of the Coronavirus Stimulus Plan. President Trump proposed a plan that would provide $250 Billion in Direct Payments to Americans. The debate centers on the timing of payments and whether the payments should be a set amount or be flexible based on circumstances.
Government Stimulus Check Requirements
To complicate things further Sen. Bernie Sanders is pushing for modifications that would provide for payments of $2,000 per month to every American over 18. While it is doubtful that Sanders’ proposed changes will be adopted, as the Bill stands right now, you would receive:
- $1,200 if you are single and made no more than $75,000 as shown on your 2018 Federal Tax Return;
- $2,400 per couple if you and your spouse filed as “Married Filing Jointly” and your combined income as shown on your 2018 Tax Return was no more than $150,000.
These payments reduce to zero as your reported income goes to $99,000 individually or $198,000 per couple. Additionally, eligible families with children will receive $500 per child. These payments are part of a bailout that also includes:
- $50 Billion to Bail-Out the Airline Industry;
- $150 Billion for other affected industries; and
- Provisions for payments to Small Businesses.
Make Sure You Get Your Government Stimulus Check
This Bill is evolving and can change. Contact the Business Lawyers at Canterbury Law Group so we can help you get all the help you are entitled to under this and any subsequent Coronavirus relief.
20th Mar 2020
How Much Does A Criminal Defense Lawyer Cost?
10th Mar 2020
How To Hire A Criminal Defense Lawyer
18th Feb 2020
How To Win A Protection Order Hearing
17th Jan 2020
5 Crucial Divorce Mistakes that Can Cost You –
2019
16th Dec 2019
Can I Get Domestic Violence Charges Dropped In Arizona?
9th Dec 2019
How to Prove Innocence in Domestic Violence
13th Nov 2019
How Much Does A Divorce Cost In Arizona? & Attorney Fees
29th Oct 2019
What Is Custodial Interference?
29th Oct 2019
Custodial Interference By Grandparents
22nd Oct 2019
Non-Custodial Parent Moving Out Of State Arizona
22nd Oct 2019
Custodial Interference In Arizona
15th Oct 2019
My Wife is Keeping My Child Away From Me? What to Do?
15th Oct 2019
Moving Out of State with No Custody Agreement in Arizona
7th Oct 2019
My Wife Cheated On Me And I Want A Divorce
2018
28th Jul 2018
What You Need to Know About Prenups and Postnups
When it comes to dealing with marital finances, people generally think about two types of spousal contracts: a prenuptial agreement entered into before a marriage and a postnuptial agreement entered into after a marriage. Sure, most readers have at least heard of a prenuptial (also known as a “prenup” or an antenuptial agreement). Prenups are […]
7th Mar 2018
Reasons for Bankruptcy and How to Avoid Them
1st Mar 2018
Three Tips to Enduring Divorce
28th Feb 2018
Rebuilding Credit After Bankruptcy
21st Feb 2018
Divorce Settlement in Arizona
10th Feb 2018
Divorce and Taxes in Arizona
15th Jan 2018
Holidays and Parenting Time in Arizona
1st Jan 2018
Should You Rush to Get a Divorce before 2019?
2017
25th Dec 2017
The Truth about Holiday Season “Bad Credit” Loans
1st Aug 2017
What is the Difference between Divorce and Legal Separation in Arizona?
In Arizona, there are two ways to formally and legally remove your estate from your spouse: divorce and legal separation. It’s important to understand that these are two different processes. Legal separation is not another term for divorce. While there are certain overlapping legal similarities between the two, it’s important to understand that these are […]
20th Mar 2017
Filing for Bankruptcy in Arizona
7th Mar 2017
Tips on Filing for Bankruptcy
27th Feb 2017
Family Law and Child Custody Information
20th Feb 2017
Preparing for Divorce in the New Year
14th Feb 2017
Obtaining a Restraining Order in Arizona
6th Feb 2017
Tips to Avoid Losing Money in the New Year
30th Jan 2017
Growing Trend of Prenups in 2017
25th Jan 2017
Child Custody Questions in Scottsdale
16th Jan 2017
Child Custody Tips for the New Year
11th Jan 2017
Tips if Divorce Is Your Resolution in the New Year
6th Jan 2017
Tips to Avoid Losing Money in the New Year
2016
2015
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