Domestic Partnership in Nevada: Registration, Rights, and How to End One
A Nevada domestic partnership is a state-registered civil contract under the Nevada Domestic Partnership Act (NRS Chapter 122A) that gives two adults generally the same rights and duties as married spouses under Nevada law, subject to statutory exceptions. You register by filing a notarized Declaration of Domestic Partnership with the Nevada Secretary of State and paying a $50 fee; no ceremony is required. Ending one takes either a $50 Secretary of State termination filing, if the partnership qualifies for the simplified process, or a court case that follows the same rules as a Nevada divorce. Gastelum Attorneys handles domestic partnership dissolutions in Clark County alongside divorce, custody, and support matters.
Key takeaways
- Registration is through the Nevada Secretary of State, not the county clerk, and every filing is processed in the Las Vegas office.
- Registered partners get the same state-law rights as spouses: community property, mutual debt responsibility, support after a breakup, inheritance, and parental rights (NRS 122A.200).
- A domestic partnership is not a marriage. Federal treatment is program-specific: the IRS does not allow married filing status, though Nevada partners split community income on their separate returns, while Social Security may treat the partnership as a marital relationship for survivor benefits. Employers are not required to extend health benefits to a domestic partner (NRS 122A.210).
- Simplified termination through the Secretary of State is available only if the partnership is five years old or less, there are no minor children (or a signed custody and support agreement), no community property (or a signed division agreement), and both partners waive or agree on support.
- Every other termination goes through Family Court under NRS Chapter 125, the same statutes that govern divorce.
- Nevada recognizes substantially equivalent unions from other states without any Nevada registration (NRS 122A.500).
What is a domestic partnership in Nevada?
A domestic partnership in Nevada is a legal relationship between two people who have registered with the Secretary of State under NRS 122A.100, or whose equivalent union from another state is recognized under NRS 122A.500, and who have not terminated it. The statute describes it as a “social contract” and directs courts to treat it as a valid civil contract, resolving any doubt in favor of its validity (NRS 122A.090).
The Act became law in 2009. It is open to any two eligible adults, same-sex or opposite-sex. Nevada also recognizes same-sex marriage, and couples who want the full federal recognition that comes with marriage should read our guide to same-sex marriage in Nevada. This page covers the domestic partnership itself: who can register, what it gives you, and how it ends.
One point that confuses many couples: a domestic partnership is not a marriage. NRS 122A.510 says so directly. That distinction matters for federal taxes, Social Security, and immigration, which are governed by federal law and are covered below.
Who qualifies to register a domestic partnership in Nevada?
Under NRS 122A.100(2), both partners must satisfy five requirements at the time of filing:
- A common residence. The two of you share a residence on at least a part-time basis. It does not matter whose name is on the lease or deed, and it does not matter if one or both of you also keeps another residence (NRS 122A.100(4)).
- Neither partner is married or in another domestic partnership.
- Not related by blood in a way that would bar you from marrying each other in Nevada.
- Both at least 18 years old.
- Both competent to consent to the partnership.
There is no Nevada residency requirement in the statute, and no waiting period. The Secretary of State requires proof satisfactory to it that the five requirements are met, but it does not evaluate the relationship itself beyond the notarized declaration.
How do you register a domestic partnership in Nevada?
Registration is a filing with the Nevada Secretary of State, not a court and not the county clerk. As of September 2026, the Secretary of State’s published process is:
- Complete the Declaration of Domestic Partnership. It is a one-page form. Both partners sign a statement that they have chosen to share their lives in an intimate and committed relationship of mutual caring and are entering the partnership of their own free will (NRS 122A.100(1)(a)).
- Sign in front of a notary. Electronic notarization is accepted.
- Pay the $50 registration fee. The fee includes a standard black-and-white or digital Certificate of Registered Domestic Partnership. A ceremonial certificate on bond paper with the state seal is an additional $15.
- Submit to the Secretary of State. All domestic partnership filings are processed in the Las Vegas office; a declaration mailed to Carson City is forwarded there. Normal processing is four to six business days. Same-day expedited processing is available for an additional $100, by in-person appointment in Las Vegas or by mail.
- Receive your certificate. The Secretary of State issues the Certificate of Registered Domestic Partnership once the requirements are met (NRS 122A.100(3)). No ceremony or solemnization is required (NRS 122A.110), though you are free to have one.
Keep the certificate with your important documents. Community property rights, mutual debt responsibility, and support rights all run from the registration date, not from when you moved in together (NRS 122A.200(1)(j)).
Thinking about registering but unsure how it affects your property or your children? A short consultation before you file can prevent a much more expensive conversation later. Call (702) 979-1455 or schedule a paid case evaluation online.
What rights and duties do Nevada domestic partners have?
The benefits of a domestic partnership in Nevada come from NRS 122A.200, the heart of the Act. It provides that domestic partners have the same rights, protections, and benefits, and the same responsibilities, obligations, and duties, as spouses under every source of Nevada law: statutes, regulations, court rules, government policies, and common law. In practice that means:
- Community property. Income earned and property acquired after registration is presumptively community property, divided the same way it would be in a divorce. See Is Nevada a community property state?
- Mutual responsibility for debts to third parties incurred during the partnership.
- Financial support after the partnership ends. A former partner may seek support in the same circumstances a former spouse could seek alimony. Our spousal support page explains the factors courts apply.
- Children. Partners have the same rights and obligations toward a child of either partner as spouses would, and former partners have the same rights as former spouses (NRS 122A.200(1)(d)). That includes custody, parenting time, and child support determined under the same standards as in a divorce.
- Death of a partner. A surviving partner has the same rights as a widow or widower, including inheritance rights under Nevada law.
- Nondiscrimination. Public agencies in Nevada may not treat you differently because you are domestic partners rather than spouses.
What a Nevada domestic partnership does not give you
- Automatic federal recognition. Federal treatment is program-specific. The IRS does not treat registered domestic partners as married: each partner files as single or, if eligible, head of household, but partners domiciled in Nevada must generally each report half of their combined community income and attach Form 8958 (IRS Publication 555). Social Security is different: the agency treats a nonmarital legal relationship as a marital relationship for certain benefits when the state of domicile would let the partner inherit a spouse’s share without a will, and SSA has issued precedent opinions finding surviving Nevada domestic partners eligible as widows or widowers. Immigration and other federal programs apply their own rules. Within Nevada, NRS 122A.200(1)(e) requires state law to treat partners as if federal law recognized the partnership.
- Employer health benefits. No public or private employer is required to cover a domestic partner, though any employer may choose to (NRS 122A.210).
- The label “married.” Under NRS 122A.510, a domestic partnership is not a marriage for purposes of the Nevada Constitution.
Domestic partnership vs. marriage vs. common law marriage in Nevada
Nevada offers two ways to formalize a relationship, marriage and domestic partnership, and no informal third option. Nevada does not recognize common law marriage and does not create one no matter how long a couple lives together. For the full explanation, see common law marriage in Nevada.
| Question | Registered domestic partnership | Marriage | Living together (no registration) |
|---|---|---|---|
| How it is created | Notarized declaration filed with the Secretary of State, $50 | Marriage license from the county clerk plus a solemnized ceremony | Nothing; Nevada does not recognize common law marriage |
| Nevada community property | Yes, from the registration date | Yes, from the wedding date | No; property stays with the person who holds title, subject to contract and equitable claims |
| Support after a breakup | Same standards as alimony | Alimony under NRS 125.150 | No statutory alimony; contract or equitable claims may exist depending on the facts |
| Parental rights toward a partner’s child | Same as a spouse | Same as a spouse | Only through a court order such as adoption or a custody action |
| Federal tax filing as married | No; single or head of household, with community income split on Form 8958 | Yes | No |
| Social Security survivor benefits | Possible; SSA has recognized surviving Nevada domestic partners as widows or widowers based on Nevada inheritance rights | Yes | No |
| Employer must cover partner on health plan | No (NRS 122A.210) | Depends on the plan; spousal coverage is standard | No |
| How it ends | Secretary of State termination if eligible; otherwise Family Court under NRS Chapter 125 | Divorce or annulment in Family Court | No legal process; property disputes handled as civil claims |
If the two of you are already registered and later marry each other, the Secretary of State’s published FAQ states that there is no requirement to terminate the partnership first. Whether to terminate it anyway is a legal question worth asking before the wedding, because the partnership and the marriage would carry different start dates for community property purposes.
How do you end a domestic partnership in Nevada?
NRS 122A.300 gives two paths. Which one applies depends on facts, not preference.
Path 1: Simplified termination through the Secretary of State
Both partners sign a notarized Domestic Partnership Termination Form, file it with the Secretary of State, and pay the $50 termination fee. No court appearance and no judge. This path is available only if every condition below exists at the time of filing (NRS 122A.300(3)):
- The partnership has been registered for five years or less.
- There are no minor children born before or during the partnership or adopted during it, and no female partner is pregnant to her knowledge; or the partners have signed an agreement covering custody and the amount and manner of child support.
- There is no community or joint property; or the partners have signed an agreement dividing the community property and assigning community debts, and have executed the deeds, titles, and bills of sale needed to carry it out.
- Both partners waive any right to support; or they have signed an agreement setting the amount and manner of support.
- Both partners waive the right to full proceedings under NRS Chapter 125.
Where couples get hurt: the simplified form is quick, but the agreements it relies on are permanent. If your written property or support agreement leaves out a retirement account, a vehicle title, or a debt in one partner’s name, the Secretary of State will not catch it and there is no judge reviewing it for fairness. Have an attorney read the agreement before it is signed and notarized, and confirm any deeds or title transfers are actually recorded.
Path 2: Court termination under NRS Chapter 125
If any box above is unchecked, if one partner refuses to sign, or if a partner cannot be located, the partnership must be terminated in court under the procedures of NRS Chapter 125 (NRS 122A.300(1)). That is the same chapter that governs divorce, so the case looks like a divorce:
- Jurisdiction and residency. The residency rules that apply to divorce apply here. In Clark County, the case is filed in the Family Division of the Eighth Judicial District Court.
- Agreed cases. Partners who agree on everything but do not qualify for the simplified path (for example, a partnership older than five years) can proceed by joint petition, the same summary procedure used for an uncontested divorce.
- Contested cases. Where partners disagree, the court divides community property, decides custody and parenting time under the best-interest factors of NRS 125C.0035, sets child support under NAC Chapter 425, and can award support to a former partner. Our child custody and divorce pages describe how those decisions are made.
- Financial disclosure. Expect the same disclosure obligations a divorcing spouse has, including the Financial Disclosure Form.
Recording a court termination, a death, or a divorce with the Secretary of State
- After a court decree. Once the Family Court enters a Decree Terminating Domestic Partnership, the registration is closed by filing the Secretary of State’s Termination of Domestic Partnership by Decree Form with the court order attached. The Family Law Self-Help Center publishes the Clark County court packets (joint petition, complaint, and decree forms) for partners representing themselves.
- Partner has died. The Secretary of State terminates the registration free of charge on submission of a certified death certificate, by mail or in person. The surviving partner’s rights are those of a widow or widower under NRS 122A.200(1)(c).
- Partners married each other and later divorced. The registered partnership may still be on file after the divorce. The Secretary of State terminates it free of charge on submission of a certified decree of divorce. Ask before assuming the divorce ended it.
- Name changes. A legal name change after registration does not require amending the registration; a new certificate showing the new name can be requested for a $15 amendment fee.
Does Nevada recognize a domestic partnership or civil union from another state?
Yes. Under NRS 122A.500, a legal union of two people validly formed in another jurisdiction that is substantially equivalent to a Nevada domestic partnership must be recognized here as a valid domestic partnership, whether or not it is called a “domestic partnership” and whether or not it is registered in Nevada. The Secretary of State confirms that such couples are no longer required to file in Nevada.
Two practical consequences:
- Your community property and support rights in Nevada run from the date the union was validly formed in the other state, not from the date you moved here (NRS 122A.200(1)(j)).
- Ending a recognized out-of-state union in Nevada follows NRS 122A.300(1): the Chapter 125 court process. The simplified Secretary of State termination is written for partnerships “registered pursuant to NRS 122A.100,” which an out-of-state union is not, so plan on a court filing.
A California registered domestic partnership, a Colorado civil union, and similar statuses are the usual examples. Whether a particular status is “substantially equivalent” is a legal question; bring your registration documents to your consultation.
When should you call a Las Vegas domestic partnership lawyer?
Registering is a $50 filing most couples handle on their own. A domestic partnership lawyer in Las Vegas earns the fee at the moments the filing cannot protect you:
- Before registering, when one partner owns a business, real estate, or significant separate property and the couple wants an agreement, similar to a prenuptial agreement, defining what stays separate after the registration date.
- Before signing a simplified termination, to review the property, debt, and support agreements the form depends on and to confirm the deeds and title transfers are actually done.
- When the partnership does not qualify for the simplified path, so the court case in the Family Division of the Eighth Judicial District Court is filed correctly the first time.
- When the partners disagree about custody, parenting time, child support, community property, or support for a former partner, or when one partner will not sign or cannot be found.
- When an out-of-state union needs to be recognized or ended in Clark County.
Gastelum Attorneys handles domestic partnership dissolution in Clark County the same way it handles divorce: property division, custody, support, and the paperwork that closes the registration afterward. Call (702) 979-1455 or schedule a paid case evaluation online.
Frequently asked questions about Nevada domestic partnerships
Do you have to live in Nevada to register a domestic partnership?
The statute requires a common residence shared by the partners, but it does not require that residence to be in Nevada. Ending the partnership in court, however, is subject to the residency rules that apply to divorce.
How much does a Nevada domestic partnership cost?
The Secretary of State charges $50 to register, $15 for an optional ceremonial certificate, $100 for optional same-day expedited processing, and $50 to file a termination. Attorney fees for a court termination depend on whether the case is agreed or contested.
How long does registration take?
Normal processing is four to six business days after the Secretary of State receives the notarized declaration. Same-day processing is available for the $100 expedite fee.
Can we register if one of us is still married to someone else?
No. Neither partner may be married or in another domestic partnership at the time of registration (NRS 122A.100(2)(b)). A partnership registered in violation of that rule is exposed to challenge.
Is a domestic partnership the same as common law marriage?
No. Nevada does not recognize common law marriage at all. A domestic partnership exists only because it was registered with the Secretary of State or is an equivalent union recognized under NRS 122A.500.
If we break up without terminating, are we still domestic partners?
Yes. Separation does not end a domestic partnership any more than it ends a marriage. Until a termination is filed with the Secretary of State or ordered by a court, community property continues to accrue and each partner remains exposed to the other’s debts.
Can I get child support from my former domestic partner?
If the child is the child of both partners, yes, under the same rules that apply to former spouses. Where the child is the biological or adopted child of only one partner, the other partner’s obligations depend on the legal relationship established with the child. This is a fact-specific question; ask about it early.
How do you terminate a domestic partnership in Nevada if your partner will not sign?
Through the court, not the Secretary of State. One partner files a complaint to terminate the domestic partnership under NRS Chapter 125 and proceeds the same way a spouse would when the other spouse refuses to participate in a divorce, including by default if the other partner does not respond after service.
What is the difference between a domestic partnership and marriage in Nevada?
Under Nevada law, almost nothing: registered domestic partners have the same state-law rights and duties as spouses, including community property, support, custody, and inheritance. The differences are federal: domestic partners cannot file a joint federal return or sponsor a partner for immigration, Social Security recognition depends on state inheritance law rather than being automatic, and employers are not required to cover a domestic partner on a health plan.
Can Nevada domestic partners file federal taxes jointly?
No. The IRS does not treat registered domestic partners as married, so each partner files as single or head of household. Because Nevada is a community property state, each partner generally reports half of the couple’s combined community income and attaches Form 8958, as explained in IRS Publication 555. A tax professional familiar with registered domestic partnerships is worth the cost in the first filing year.
Can a domestic partnership be converted into a marriage in Nevada?
There is no conversion procedure; partners who want to marry obtain a marriage license from the county clerk and marry. The Secretary of State does not require the partnership to be terminated first when the same two people marry each other. Whether to terminate it anyway, and what the two different start dates mean for community property, is a question to ask before the wedding.
Does a surviving domestic partner inherit without a will?
Under NRS 122A.200(1)(c), a surviving domestic partner has the same rights as a widow or widower, which includes the surviving spouse’s share under Nevada intestate succession. A will or trust is still the better plan; intestacy rules do not account for blended families, separate property, or out-of-state assets.
Can a domestic partner make medical decisions or visit in the hospital?
Under Nevada law, a registered domestic partner stands in the position of a spouse for these purposes. In practice, carry a copy of the Certificate of Registered Domestic Partnership, and consider a health care power of attorney naming your partner so that a hospital, or a provider in another state, is not left to interpret Nevada’s statute.
Registering, dividing property, or ending a domestic partnership in Clark County
Gastelum Attorneys is a Las Vegas family law firm that has handled 5,000+ cases since 2018. Our Nevada-licensed attorneys advise on domestic partnership registration, draft the property and support agreements the simplified termination requires, and litigate contested terminations in the Family Division of the Eighth Judicial District Court. Servicios en español.
Call (702) 979-1455 or schedule a paid case evaluation online.
New Beginnings, Brighter Tomorrows
- NRS Chapter 122A, Nevada Domestic Partnership Act (Nevada Legislature)
- Domestic Partnerships and the Domestic Partnership FAQ (Nevada Secretary of State)
- Publication 555, Community Property (Internal Revenue Service)
- POMS PR 05005.031, Nevada (Social Security Administration)
- Domestic Partnership (Family Law Self-Help Center, Clark County)
This page summarizes the Nevada Domestic Partnership Act (NRS Chapter 122A) and published Nevada Secretary of State procedures as of September 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Fees and processing times are set by the Secretary of State and may change. Gastelum Attorneys practices in Clark County, Nevada. Statutory text: NRS Chapter 122A. Filing information: Nevada Secretary of State, Domestic Partnerships.