What is a Domestic Partnership?
Under Iowa law, the door to legal recognition is open to a whole array of nontraditional family and living arrangements, providing they were established in a legal state. The Iowa Code defines civil unions, domestic partnerships – the latter being the focus of this discussion – and same-sex marriages. This is a big change, as the recognition of same-sex marriage has been a huge issue in recent years.
Iowa has recognized same-sex marriages since April 2011. Any marriage that was entered into and recognized in another state will also be recognized by Iowa as a valid marriage. Domestic partnerships and civil unions are not recognized under Iowa law .
A domestic partnership is defined by the Iowa Code thusly:
Two persons who meet all of the following requirements:
Aren’t legally married to anyone else, nor "in a domestic partnership or civil union with anyone else", and
Form a domestic partnership voluntarily, in writing, and without fraud or duress.
In other words, a domestic partnership is created by two people voluntarily signing an agreement. It is not the same as a marriage, and does not carry the protections or rights of a marriage. Essentially, in the eyes of the law, a domestic partnership is simply an agreement between two people to consider themselves legally bound in a personal way.
Domestic Partnership Requirements in Iowa
In order to register as domestic partners in the state of Iowa, individuals must meet certain eligibility criteria. First and foremost, both parties need to be 18 years of age or older, as those under 18 are not legally permitted to register as domestic partners. In addition to the age restriction, individuals must be residents of Iowa to register for domestic partnership benefits. This means that individuals must either currently reside in the state of Iowa and declare it as their legal residence, or have previously resided in Iowa for at least six months prior to registering as domestic partners. If they reside outside of the state but declare the intention to move back to Iowa, then they may be eligible to register.
Aside from the age and residency requirements, individuals must not be legally married to anyone else to register as domestic partners. Those who are legally married will need to obtain a divorce or annulment from their spouse before they can register for domestic partnership benefits in Iowa. Finally, individuals who have been in a dating or romantic relationship with another person are not prevented from registering for domestic partnership benefits with their current partner. As long as they meet the age, residency, and marital status requirements for domestic partnership, they can qualify as domestic partners in the state of Iowa and receive the same benefits of a traditional married couple.
How to Register a Domestic Partnership
To establish a domestic partnership, parties must submit an application to the county registrar. Registrars can be found in any one of the fifty-nine county courthouses in Iowa. The application will require both candidates’ personal information, including full names, birth dates, and current addresses, as well as a notarized signature from both parties. No changes to name or gender marker will be made on the marriage certificate. An unsigned original and one copy of the application are required upon filing. The fee for issuance of a certificate is $22.00 for the first page and an additional $8.00 for each subsequent page. There is a $22.00 fee for recording the document in the real estate records. According to the Iowa Secretary of State’s website, a government-issued photo identification, such as a driver’s license or passport, is required upon filing. When submitting the application, an individual must sign it in front of the registrar or an authorized representative. After processing, the registrar will provide applicants with a certificate of coverage that designates the date upon which the domestic partnership exists.
The Rights and Benefits of a Domestic Partnership
There are many rights and benefits that come with lawful domestic partnerships in the state of Iowa. In the absence of a civil union or same-sex marriage, Iowa’s legislation providing legal and economic protections for individuals in domestic partnerships serves an important purpose.
Generally, a domestic partnership affords partners rights and benefits relating to healthcare decisions, inheritance and insurance, if certain requirements are fulfilled. For example, if an individual is in the hospital, his or her partner can make decisions regarding the course of care. Iowa law extending rights to domestic partners specifically provides that domestic partners have the right to control the disposal of the remains and funeral arrangements of his or her partner in the absence of any express direction provided by the decedent.
With regard to inheritance, Iowa law provides that a domestic partner may not be disinherited by a will unless the will specifically states that the domestic partner is not an intended heir.
Iowa law also allows individuals in a domestic partnership to provide health insurance and other benefits to a partner, to the extent that the provider of such benefits allows it.
Ending a Domestic Partnership
Like a divorce, the process of ending a domestic partnership starts with a petition to the District Court. A petition for dissolution of domestic partnership usually includes the following:
• the names of the parties;
• the date and place of marriage;
• a statement of jurisdiction establishing the Court’s authority to dissolve the domestic partnership;
• the names and ages of the parties’ children, if any;
• a prayer requesting the dissolution of the domestic partnership and an order of child custody, visitation and support (if applicable) and distribution of the parties’ assets and debts;
• a separate prayer seeking an order allowing one or both of the parties to resume the use of the surname used prior to the domestic partnership;
As you would anticipate, the domestic partnership must be dissolved in a court of law, and similar to a divorce petition , one party must give notice to the other party of the dissolution proceedings. Our Iowa Courts would likely go through a similar analysis in determining whether they would allow the petitioners to have another judge appointed to hear their case. (Note: Petitioner answered "yes" to the following questions: (1) Has oral testimony been given in the case? (2) Have you previously made opening statements, either orally or in writing? (3) Have you consulted with the other party about the issues of custody, support, property, and debts? (4) Do you both know the types and values of the assets and the debts that are involved in the case? (5) Have you and the other party exchanged copies of written documents showing all income, debts and assets, or do you plan to do that before trial?) Iowa law does allow for a final hearing to be contested—after the petition is filed—if either party has filed a document called a request for waiver of final hearing; or if one party files a document entitled objection to decree or motion to reopen trial. If the parties have minor children who would be subject to a custody and visitation order, Iowa law requires at least one of the parties to attend a parenting class prior to the final hearing.
Domestic Partnerships Versus Common Law Marriage
Historically, common law marriage was more well-known and understood as a way of legally recognizing cohabiting couples. Under common law marriage, a couple that has lived together for a stipulated amount of time is deemed to be legally married in the eyes of the state without a wedding ceremony or a marriage license. Practically speaking, many couples choose not to enter into a common law marriage because they prefer to have a formal ceremony and a marriage license to remember the occasion by. Some couples avoid a common law marriage because they do not qualify either technically or practically for one (and, in fact, by definition, many never qualify). Iowa does not currently recognize common law marriage, though it has in the past for certain situations. Domestic partnership legislation is a relatively new alternative method of providing a legal recognition of cohabiting couples.
The main difference between domestic partnership and common law marriage is the need for a formal application for the domestic partnership certificate. After meeting residence requirements, the couple must complete and submit an application with the county recorder and pay all necessary fees. With common law marriage, the legal presumption of marriage is made for any couple living together in Iowa for a year or more. The Domestic Partnership Act explicitly states that it does not create a marriage or any rights associated therewith. Under Iowa’s common law marriage requirements, the couple had to be living together for at least six months to qualify (no domestic partnership opt out) and both parties had to be over 44 years old. Therefore, while both required residency in Iowa, Iowa’s common law marriage requirements were more restrictive.
Iowa Domestic Partnerships FAQ
What benefits does domestic partnership afford me in Iowa?
All employment-based benefits, for example, health insurance, family leave, and survivor’s benefits, can be obtained by entering into a domestic partnership.
Can my partner and I use our Iowa domestic partnership to adopt children together?
Iowa law has been interpreted to not allow for this by domestic partners.
Does DOMA effect my domestic partner and I?
No, DOMA only applies to marriage, not to registered domestic partnerships or civil unions.
Can my Iowa domestic partner and I get married in Iowa?
No , Iowa law, dating back many generations before it was overturned this week, denies the right of same-sex couples to marry. What Iowa has done is create another status that already exists, that is, domestic partner.
Can we move and still be good domestic partners?
Your domestic partnership will not terminate if you leave Iowa, though your partner will lose some rights in certain employment-based benefits.
If my Iowa domestic partner and I split up, how do we dissolve our domestic relationship?
Iowa law has set forth no formal procedures to dissolve your domestic relationship.