FREQUENTLY ASKED QUESTIONS - DOMESTIC PARTNERSHIP

FREQUENTLY ASKED QUESTIONS:
DOMESTIC PARTNERSHIP

The Law Library Staff prepares "Frequently Asked Questions" for the convenience of our users to provide access to a variety of sources addressing particular points of law. These are general legal information sources, and are not to be construed as a substitute for personal legal advice from an attorney. Please seek legal counsel to help you determine the applicability of any of the information in these resources to your specific situation. The Law Library makes no recommendation as to whether you should purchase any services offered by the websites contained in this FAQ.

Common Law Marriage

Common law marriages are only recognized in Ohio if they occurred before October 10, 1991. For the requirements of common law marriage, see Ohio Revised Code 3105.12

Domestic Partner Registries

Partners Task Force for Gay and Lesbian Couples: Explains significance of a domestic partnership registry. Provides a list of cities with domestic partner registries.

Domestic Partner Benefits

Human Rights Campaign: Domestic Partners

Effect of Ohio Constitutional Amendment on Gay Marriage

Cincinnati Enquirer: Wording of Ohio's gay-marriage ban called sweeping, by Jim Siegel, Saturday, October 9, 2004

Sample Cohabitation Agreements:

Durable Power of Attorney for Health Care

Domestic partners may want to create a durable power of attorney for health care. The power of attorney grants one partner the right to make medical decisions for the other if the other becomes incapacitated or comatose. See Ohio Revised Code 1337.12-1337.17. R.C. 1337.17 contains a form for a durable power of attorney for health care.

Articles

Relationship Agreements Provide Protection: Ohio State Bar Association
Property Rights of Unmarried Couples FAQ by Findlaw
Findlaw Marriage and Living Together: Contains numerous helpful articles
Property Rights of Unmarried Couples by Nolo.com
Living Together Contracts by Nolo.com
"Co-ownership Agreements Between Unmarried Persons" by Mark C. Young, Probate & Property, July/August 1991, page 16-20

Domestic Violence

Domestic Violence laws apply to a couple who is cohabitating. See Ohio Revised Code 2919.25

When Domestic Partners Split Up

Property:
- If the partners own property together as co-tenants, and can not agree how to divide the property, a partition action may be filed. See Ohio Revised Code Chapter 5307
Children:
- Juvenile Court: Contact Information for Cuyahoga County Juvenile Court.
- Establishment of Parent and Child Relationships/Paternity Actions: See Ohio Revised Code Chapter 3111.
Child Support:
- See Ohio Revised Code Chapter 2151, especially Section 2151.231 Child Support Order Without Regard to Marital Status of Parents; Section 2151.232 Action for Child Support where Acknowledgment is Not Yet Final; Section 2151.36 Support of Child.
Child Custody:
- See Ohio Revised Code 3109, especially Ohio Revised Code 3109.042: Custody rights of unmarried mother.
Visitation:
- Legislative Service Commission Article on Visitation

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Created on: September 18, 2001 -