Domestic Partnership vs. Same-Sex Marriage: Which is Best in Sarasota?

The two major kinds of same-sex coupling agreements have pros and cons.

Before 2015, domestic partnership was the only legal option for same-sex couples in Sarasota who wished to have a legally recognized relationship. Many couples in these situations opted for such relationships, mostly for financial and inheritance reasons. 2015’s Obergefell v. Hodges gave these couples the right to legally marry. But Obergefell did not end the domestic partnership option. In some cases, this alternative remains superior to legal marriage. More on that below.

These two options have many differences, but they have some things in common as well, such as a partnership with a Sarasota family law attorney. A domestic partnership is almost like a commercial partnership agreement. These pacts are so complex that DIY online forms are not reliable. Many same-sex couples partner with an attorney to prepare a premarital agreement before they tie the knot. These agreements put marriage on a more solid foundation.

Domestic Partnerships

One of the biggest benefits of a domestic partnership agreement is that, aside from a Sarasota family law attorney, no third party is involved. A religious official cannot accept or reject the relationship. Furthermore, to many county clerks and assistant clerks, marriage is marriage, regardless of the sexual preferences of the spouses. But not everyone feels that way, especially in certain parts of red states like Florida.

On a related note, a domestic partnership relationship is almost always entirely private and low-key. The spouses sign the agreement, usually in a lawyer’s office, and then go about their business.

Trouble-free dissolution, or near-trouble-free dissolution, may be the biggest advantage of a domestic partnership. A DP has the same legal effect as a marriage. However, the parties to a domestic partnership can simply dissolve the contract, much like business partners dissolve partnership agreements.

Usually, a Sarasota family law attorney must draft a termination agreement. This agreement must dispose of all jointly owned or managed property. It must also set parameters for child visitation and child support.

Since no third party is involved, as mentioned above, the ex-partners usually have exclusive control over the provisions in the dissolution agreement.

Same-Sex Marriages

Domestic partnership is strictly between the parties to the agreement. Marriage involves a third party, usually the state and perhaps a religious organization. Some couples want or need that additional seal of approval.

Furthermore, a marriage is more of an emotional pact than a business agreement, even though marriages definitely have financial aspects.

Most importantly, only divorces dissolve marriages. This process is often complex, especially if the couple has been married for more than five or six years. The divorce order must equitably, not necessarily equally, divide marital property. Furthermore, the order must include child custody and child support provisions which are in the best interests of the child. It doesn’t matter if the child is adopted or biological.

Domestic partnership dissolution agreements are usually final in every sense of the word. But divorce decrees are often temporary. Spousal support and other provisions must be legally modified if relevant circumstances materially change.

Reach Out to a Compassionate Sarasota County Attorney

Same-sex and heterosexual couples have the same legal rights in Florida. For a confidential consultation with an experienced family law attorney in Sarasota, contact Carman & Finegan, P.A. The sooner you reach out to us, the sooner we start working for you.