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How to Formalize a Domestic Partnership in Florida?

By Jose Medina, Esq. | Family Law

Mar 26
Same sex domestic partnership.

Same-sex domestic partnership in Florida is completely legal as it should be.

Did you know you can enter into a Domestic Partnership in Florida? The criteria to formally enter into a domestic partnership can vary, but generally consist of the following:

  • You and your partner must be at least 18 years old and not related to each other by blood.
  • Neither you nor your partner is currently married to someone else, in another domestic partnership, or a member of another civil union.
  • You and your partner must consider yourself a member of the other’s immediate family.
  • You and your partner must reside in a mutual residence.
  • You and your partner must agree to immediately notify the proper Florida authority if one or both of you decide to terminate the domestic partnership.

Benefits of domestic partnership

Entering into Domestic Partnership allows partners to enjoy some of the benefits that are exclusively enjoyed by married individuals. For example, if you and your partner formally enter into a Domestic Partnership in Florida, then you will enjoy the following benefits:

  • You will have visitation rights if your partner becomes hospitalized.
  • You can participate in your partner’s health care, funeral, and burial decisions.
  • Should your partner become incarcerated, you will have correctional facility visitation rights.
  • You will qualify as a family member in any situation requiring or permitting family member notification.
  • Should you and/or your partner have children, you will have the right to participate in those children’s education.
  • Should your partner require a pre-need guardian, you have the right to be designated as such.

The story of Kathy and Frank

As a family law attorney, I recognize the immense value that domestic partnerships have. For example, my friends Kathy and Frank live together and have two beautiful children but neither has the desire to get married. Because they are not married, guess what?

Neither can make important decisions regarding the other’s wellbeing. This severely limits them as a family to function in times of great concern and only adds to an already stressful situation.

What if Frank became hospitalized? Kathy would be left with two children to care for and no voice in Frank’s treatment. Frank’s parents live in New York. How long would it take them to get to Frank in a time of need?

This would leave Kathy feeling alone and helpless. Kathy and Frank can easily avoid this by simply filing a declaration of domestic partnership.

Florida domestic partnership resources

If you and your partner reside in Miami-Dade County, you can obtain the Declaration of Domestic Partnership by visiting: https://www.miamidade.gov/global/license.page?Mduid_license=lic1495052452022546

If you and your partner reside in Broward County, you can obtain the Declaration of Domestic Partnership by visiting: https://www.broward.org/RecordsTaxesTreasury/Records/Pages/DomesticPartnershipInformation.aspx

In both Miami-Dade and Broward Counties, the Declaration of Domestic Partnership must be signed and notarized.