Domestic Partnerships in Georgia
In the context of Georgia law, the term "domestic partnership" is somewhat of a misnomer as there is no statutory recognition of this kind of union. However, a domestic partnership is often associated with unmarried couples who live together and have a long-term committed relationship. Such a union can refer to people of the same or different genders, though same-sex unions are typically more common.
In some cases, domestic partners are looking to adopt a child but want the adoption to also grant their partner legal rights to the child. Through a legal process known as second-parent adoption , a domestic partnership can afford legal rights to a non-biological parent.
Domestic partnerships can also be used to extend employment benefits to partners. This is most commonly seen in situations involving state- and government-run organizations, which sometimes extend these benefits to employees’ partners, regardless of whether the partners are of the same sex.
While domestic partners can adopt children, hospitals are not required to extend hospital visitation rights under Georgia law. Their policies vary from hospital to hospital, so it may be worthwhile to look at the details of visitation policies in hospitals to which you may have to go for treatment.
In the event a domestic partnership dissolves, the partners can file a petition in the Superior Court in their county of residence to legally dissolve their partnership.
Marriage Benefits and Laws in Georgia
In Georgia, marriage is not a simple matter of love, sex and companionship- it also carries important legal ramifications. The state considers any union between man and woman that is sanctioned by law or has the potential to be so sanctioned to be a marriage. It does not recognize common law marriage, in part because state authorities have a vested interest in the union and its associated benefits.
Health insurance is one of the most significant benefits. When spouses enroll in a company health insurance plan, they typically do not pay more than if they were single. If you are not married, your employer may not allow you to enroll (other than as a dependent child unless certain conditions apply) or may charge more.
Spousal insurance coverage often extends to adult children, but a domestic partner benefit does not. Similarly, marriage may entitle one spouse to stay on their partner’s employer-sponsored health plan without incurring penalties from the Affordable Care Act because Georgia recognizes spouses in same-sex marriages for the purpose of federal taxation. If you’re not married, the Internal Revenue Service (IRS) does not recognize you as being tax related, which means you might suffer penalties.
Marriage gives rise to rights and responsibilities with regard to estate planning, too. Should one spouse die, the other spouse will inherit pursuant to the decedent’s will. If there is no will, the survivor will still inherit at least some of the decedent’s estate, while the remaining assets will be shared by the couple’s children, parents, grandchildren or siblings.
Marriage also entitles a spouse to make medical decisions for the other spouse after he or she has been incapacitated. Marriage may even grant the right to consent to the other spouse’s sterilization-and write authority regarding the life-sustaining procedures that might be performed.
Regardless of your romantic status, you should seek legal advice. A lawyer can help you understand your rights, along with the financial impact.
Domestic Partnership vs Marriage: Legal Rights and Responsibilities
Upon reading the above article, one would be left to wonder what types of rights and benefits are available to domestic partners and how those rights compare to marriage. The legal rights of domestic partnership are not as vast as gay marriage. The following are just a few examples of how domestic partnership contracts differ from marriage:
Healthcare decisions/Medical Emergencies – Domestic partners are not guaranteed the right to make medical decisions for their partner if he/she is incapacitated. In Georgia, an unmarried heterosexual partner would have to take action in order to be appointed by the court as his/her partner’s health care agent. Similarly, this situation does not guarantee the domestic partner rights to visitation of his/her partner while hospitalized—or even allowed to speak with the hospital staff regarding his/her partner’s medical condition and care options.
Right of Inheritance – Without a will that specifically lists him/her as an heir, the assets of a deceased partner would not be passed to his/her partner. Under Georgia’s intestate succession laws, a surviving spouse would be entitled to inherit property upon his/her spouse’s death before any other person would benefit under such a statute.
Tax Benefits – Currently, domestic partners may not receive all of the state and federal tax benefits as those qualifying for a "married" status. For example, they cannot file federal income tax returns as a married couple.
These legal differences are just some of many that make it critical for unmarried domestic partners to execute a valid and enforceable domestic partnership agreement (also referred to as a cohabitation agreement) that can provide him or her with the same legal protections and security that are afforded to same-sex marriages.
Domestic Partnerships: Requirements and Qualifications
In Georgia, the requirements for entering into a domestic partnership are significantly less onerous than those for marriage. Partners do not have to be in a romantic relationship or even live together. But they cannot be blood relatives, legally married, or in a legally registered adoption or foster arrangement. One or both of the partners must live or work in the county where they are applying for the domestic partnership.
To enter into a domestic partnership, or to convert a domestic partnership to a marriage, applicants must make a sworn statement about their qualifications for the domestic partnership. They must be over age 18; they must not have an adoptive or foster relationship with one another or with any other child; they must not be legally married; they must have no blood relationships which would bar marriage in Georgia (wide enough to include nieces and nephews, grandparents, cousins, siblings, etc.); and they must have the capacity to consent (not under guardianship). Both parties must sign the application and pay applicable fees (around $35 in Fulton County) to the county staff, who will record the applicants’ information and issue a domestic partnership license, valid for nine (9) months. Changes to the domestic partnership must be registered with the county in which the original domestic partnership registration filed.
When entering into a domestic partnership, there are additional documents that may be filed. For partners who cannot marry for reasons such as sexual orientation, gender identity, or other factors, but who still wish to enjoy considerable economic benefits and protections typically reserved for married couples, the following documents are also available:
Agreements concerning property and support: The simplest way to determine rights and obligations with respect to the assets and income of a domestic partnership is to enter into a Domestic Partnership Agreement (DPA), a legally binding contract which provides both partners with more security and stability about property rights and support in the event of either termination of the partnership or death of one of the partners. The DPA allows the partners the same rights which spouses have to determine the distribution of property acquired during marriage, and the same obligations when it comes to support of one partner by the other – even over the objections of the partner expected to pay. A properly drafted DPA may protect the interests of both parents for children from prior relationships and children of the domestic partnership. The DPA also provides protections typically available to married couples from third parties looking to enforce non-marital support obligations against the surviving spouse.
Registering a Marriage: The Process in Georgia
Your marriage in Georgia is not considered a legal action until your marriage is recorded. That may seem a simple point, but it means that registration is as important as entering into the marriage itself. You must register your marriage in the county where you applied for the marriage license.
In Georgia, there is not a period of time within which you must register your marriage after your ceremony. The law does require that you return your signed marriage license back to the Clerk of the Superior Court’s office where you received the license so that the marriage becomes part of the record. Usually a few days is all it takes to return the signed license. If a couple fails to return their marriage license it can be seen as evidence of an unlawful attempt to evade the state’s outlawing of bigamy. As such, returning a marriage license is very important and you must make arrangements with your officiant to ensure that the license is properly returned. The officiant is responsible for returning the document to the Clerk of Court so that it becomes a part of the public record.
Georgia law requires that before the Clerk of the Superior Court issues your marriage license , you file an application together. The marriage license application can be obtained at the office of the Clerk of the Superior Court and there is no waiting period for the license to be issued after you apply. Most people just show up, fill out the paperwork and get on with their business. If you’re traveling to Georgia to actually live here you will have to get a marriage license within the county you’ve moved to. You do not have to apply within the county where your wedding will take place, and you do not have to apply at all if you had an out of state wedding and register afterward. As long as you are a resident of Georgia and your spouse is a Georgia resident, you can register your marriage by presenting your original marriage license from anywhere in the country. The law does not specify what type of ID you must present when you re-register your marriage, so you can likely use a passport.
Looking Ahead: Legal Trends and Public Opinion
The future of domestic partnerships in Georgia is likely to be shaped both by changing laws and a shifting public perception. In 2019, the Georgia General Assembly passed legislation that explicitly permitted a State employer to establish a domestic partnership health benefits plan. This law underscores the potential for new legal protections for domestic partners in many areas, from Insurance to Employment law. Although these laws are currently limited in their scope, changes in public opinion and attitudes regarding marriage could lead to broader, more inclusive legal reforms. Recent trends in the United States point toward a continued decline in marriage rates. Many experts attribute this shift in part to the increasing acceptance of nontraditional relationships, including civil unions, domestic partnerships, and cohabitation. Many younger Georgians who tend to support these more inclusive forms of relationships may begin to push for broader reforms to provide greater legal protection to domestic partners. As these trends continue to take hold, the legal landscape in Georgia may evolve to better accommodate the needs of a population that increasingly embraces diverse family structures. The issue of whether Georgia will reestablish a civil union law will depend on whether the public and the State legislature are willing to expand Georgia’s laws to address the full range of issues that civil unions, domestic partnerships, and other varieties of domestic partner relationships can present. As they currently exist, the Georgia statutes only apply to a limited area of health benefits and domestic partner health benefits creation does not address other legal and financial issues beyond domestic partner health benefits that pertain to private and public domestic partner relationships. Even if expanding health benefits to domestic partners were to become a reality, many issues related to Georgia domestic partnerships still would be left unresolved. The same would be true of civil unions in Georgia. Therefore, while the recent expansion of domestic partnership laws certainly may have a positive impact in some areas, many issues will remain without a change in Georgia’s marriage laws that require that relationship to be terminated before a new domestic partner relationship could be legally recognized.
Domestic Partnership vs Marriage: Factors for Consideration
When considering whether to enter into a domestic partnership or get married, there are several factors to take into account. Both options result in a legal relationship with some similar, yet different, implications. Individuals considering whether to enter into a domestic partnership or get married may benefit from exploring the following questions:
1. Do you have children from a previous relationship?
If you have children from a previous relationship, getting married may provide a more stable environment for the children if the other parent attempts to establish a parenting plan or child support.
2. Do you want informal benefits or formal benefits?
You may desire the benefits of domestic partnership without the formality associated with marriage. Whether you just want to combine incomes or share a household, the level of commitment and formalities increase with marriage.
3. What is important to you?
Deciding whether or not to get married may start as an issue of practicality or order. However, sometimes it comes down to personal preference or insanity. When deciding between marriage or domestic partnership, remember that your decision may be based largely on issues unrelated to legalities or formalities.
4. How do you feel about long-term relationships?
Your feelings or confidence about long-term relationships may dictate whether or not you are ready to marry. If you have never been in a long-term relationship before , you may wish to test the waters through a domestic partnership. Alternatively, if you feel confident that you and your partner are ready to commit, you may be ready to marry.
5. Do you plan to have children?
If you have made plans to expand your family through biological means, adoption or otherwise, you should consider how marriage may affect these goals. Sometimes immigration status or other factors may require you to enter into a marriage. Other times, people prefer to remain unmarried and directly pursue the expansion of their family.
6. Have you carefully considered the possible legal implications?
When deciding whether to marry or enter into a domestic partnership, you should consider the potential legal implications of each option. Thoroughly researching how domestic partnerships or marriage will impact your finances, your home or workplace and other aspects of your life may provide valuable insights into which direction you should choose.
Throughout your relationship, you have the right to change your mind about your choice of legal status. While you and your partner should endeavor to enter into your domestic partnership or marriage with a clear understanding of the decision, both options provide opportunities for reassessment. In Georgia, you can end your domestic partnership or divorce formally. However, if you choose to marry and later become estranged, your legal options may differ.