LD 1579 ME Domestic Partnership Act
April 28, 2004
This bill provides for domestic partners in certain provisions of the Maine Probate Code and in the laws governing the custody of remains of domestic partners.
The Act defines a domestic partner
as one who has signed an affidavit of domestic partnership and filed this with the Secretary of State. The requirements are that: (i) each individual is a mentally competent adult, who have (ii) legally domiciled together for at least 12 months, where (iii) neither is legally married or separated or in another registered domestic partnership with another individual, and both (iv) are the sole domestic partners of the other and expect to remain so; and (v) the parties can demonstrate joint responsibility for each other.
The Act provides that a surviving registered domestic partner is among those who are entitled under the statutes governing intestate succession in Maine. The Act places the surviving domestic partner on an equal footing with a surviving spouse in a heterosexual marriage. The surviving partner also has a right to the remains of the deceased partner.
The Act also provides that a registered partner has the right to be act as the agent or proxy for an incapacitated partner, and has an equal status to a married spouse to be named as guardian over an incapacitated partner. This right is superior to all other next of kin.
The Act does not, on its face, provide recognition of domestic partnerships or civil unions formed in other states.
Resources
- Bill Text:
- LD 1579 HTML Format Word Format
- Amendment H-774 HTML Format
- Amendment H-871 HTML Format
- Bill Status:
- 04/16/2003 - Introduced by Judiciary Committee
- 06/14/2003 - Carried over to next session by House
- 06/23/2003 - Carried over to next session by Senate
- 03/19/2004 - Amendment H-774 Adopted (House)
- 04/01/2004 - Second Reading in Senate
- 04/01/2004 - Amendment H-774 Adopted (Senate)
- 04/07/2004 - Amendment H-871 Adopted (House)
- 04/08/2004 - Amendment H-871 Adopted (Senate)
- 04/12/2004 - Passed to be Enacted in House
- 04/27/2004 - Passed to be Enacted in Senate
- 04/28/2004 - Signed by Governor
Comments
I have been with my boyfriend for 14yrs now, but living together for 4yrs.Does common law marriage still exist for people living together for over 7yrs in the state of New jersey?
Posted by: jackieat August 20, 2006 8:26 AM
No. New Jersey did away with common law marriage some years ago.
As unmarried cohapitants of the opposite sex, you have only contractual legal rights in New Jersey, which may include oral contracts between you and your partner. I recommend that you and your boyfriend at least execute wills, powers of attorney, medical proxies, and living-together agreements in order to protect your relationship if you choose not to marry.
One exception: if you are both 61 years of age or older, you may register as domestic partners.
Posted by: Stephen J. Hylandat August 20, 2006 10:22 AM
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