Protecting the Rights of Oregon Same-Sex Couples Ending Registered "Domestic Partnerships" (Know as Civil Unions in other states)
Legal same-sex registered "domestic partnerships" have only existed in Oregon since February 2008. The laws governing the dissolution of such registered "domestic partnerships" have not yet been developed in case law. The statute is sparsely worded, but the intent is clear: if same-sex couples join in a registered "domestic partnership" and later decide to end their relationship, all laws that apply to traditional divorce apply to dissolution of same sex registered "domestic partnerships."
"This state has a strong interest in promoting stable and lasting families, including the families of same-sex couples and their children. All Oregon families should be provided with the opportunity to obtain necessary legal protections and status and the ability to achieve their fullest potential." Chapter 99, Oregon Laws 2007, Sec. 2, paragraph (4).
This law seeks to remove the obstacles and hardships historically faced by same-sex couples and establish rights, responsibilities and benefits that couples and families comprised of same-sex couples are otherwise denied because Oregon law prohibits same-sex marriage. Oregon does not use the term "civil union," nor does Oregon law require a formal solemnization ceremony. Same-sex couples register with the state by filing a "Declaration of Domestic Partnership" with the Department of Human Services and receiving a "Certificate of Registered Domestic Partnership." Both parties must be at least 18 years of age, capable of entering into a contract, and at least one of them must be a resident of Oregon. The same prohibitions to entering into marriage apply to "domestic partnerships."
Jensen & Leiberan, Attorneys at Law, represents members of Portland's GLBT community in all family law matters such as dissolution of same sex registered" domestic partnerships." Contact us to schedule a consultation.
Legally Dissolving a Registered "Domestic Partnership"
Gay and lesbian couples who have entered into a registered "domestic partnership" have the same rights and responsibilities as married persons have under existing statutes and case law. Therefore, their "domestic partnership" must be dissolved by a court, or have been dissolved due to the death of one of the partners, before either party to the "domestic partnership" can enter into another legally recognized relationship, be it marriage or another "domestic partnership." The issues involved in dissolving registered "domestic partnerships" are the same as those for a divorce, primarily:
- Division of Assets and Debts
- Partner Support and Child Support
- Child Custody and Parenting Time
- Grandparent or third party custody and visitation
- Dividing Oregon business property
- Division of Property owned by one partner prior to the registration of a "domestic partnership"
When choosing to dissolve a registered "domestic partnership," having an attorney who is fully versed in Oregon law and experienced in upholding GLBT rights can help you resolve the issues in this life transition whether they are issues with children, support, or issues involving the division of financial assets.
Providing Understanding and Compassionate Care
As experienced family law attorneys, we understand the emotional components involved in ending significant relationships. We also realize how very important it is to have someone fighting for your interests and rights when you are in emotional turmoil.
At Jensen & Leiberan, we proactively work with our clients to help them chart a new course in life. We review all factors involved and serve as aggressive advocates when negotiating the dissolution agreement or, if necessary, when fighting in court over dissolution issues.
Contact Us
From registered "domestic partnerships" to cohabitation to child custody and support when the parents have never lived together, Jensen & Leiberan provides family law legal services to the Portland metro area. Please contact our office in Beaverton to arrange an initial consultation.
