Domestic Partnership Agreements & Disputes
Domestic Partnership
In Indiana, a domestic partnership is a legal or personal relationship between two individuals who live together (cohabitate,) and share a common domestic life, but are not joined by marriage or a civil union. Both same sex couples as well as heterosexual couples may engage in a domestic partnership.
Disputes
Indiana law has a well established history of recognizing various causes of action arising from a period of cohabitation. Most often, the division of property is at issue. One of the purposes of domestic partnership relation is to recognize the contribution of one partner to the property of the other. During a marriage, a couple may gain property together, similar to individuals who cohabitate. However, when a marriage ends, Indiana statutes allow for equitable division of property acquired through joint efforts. Although individuals who cohabitate are not covered under such statute, the Indiana Court of Appeals has held that a party who cohabitates with another without subsequent marriage is entitled to relief upon a showing of an express contract or a viable equitable theory such as an implied contract or unjust enrichment.
Adoption and Custody of Children of Same-Sex Couples:
Same-sex marriages are not recognized as a legal union by the state of Indiana, so parental rights are not immediately established for the second parent as they would be in a heterosexual marriage. It is important to make sure that both parents have established parental rights through a legal adoption. In Indiana same-sex domestic partners may adopt the biological children of their partner without divesting the parental rights of the biological parent, similar to the way a stepparent may adopt a child. The adoptive parent has responsibilities to the children equal to the biological parent. When same-sex couples separate, custody and financial support of the children would be decided by the court similar to the way it would be decided for heterosexual couples.
Benefit from a Legal Consultation with an Experienced Indianapolis Divorce Lawyer
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