Ending a long-term relationship is a difficult process whether the partners are married or not. Various laws and legal techniques have developed over the years to address the issues that arise for unmarried heterosexual couples and same-sex couples, including the following:
Cohabitation Agreements are used to acknowledge the intentions of unmarried partners with respect to ownership of property acquired during the relationship. These agreements may make other provisions as well. The purpose of the agreement is to avoid litigation in the event the relationship ends.
The law of Meretricious Relationships was developed by Washington State courts to provide unmarried couples who have established a married-like relationship a way to reach a fair and equitable distribution of the property and debt acquired during the relationship if the relationship comes to an end. This body of law is available to both unmarried heterosexual couples as well as same-sex couples who have established a Meretricious Relationship.
The Parentage Statute (RCW 26.26) is the law for establishing the legal parentage of a child born between a heterosexual couple who were not married at the time the child was born. Typically such cases are referred to as paternity cases. The statute provides a way to establish child support and a parenting plan.
In recent cases, the court has held that parentage can be established through application of common law under certain circumstances. This evolving development benefits the GLBT community, which is currently excluded from standing under the Parentage Statute.
The Domestic Partnership Act created a domestic partner registry which is administered by the Office of the Secretary of State. Same-sex couples or couples over the age of 62 may file for domestic partnership status. A couple who has registered as a domestic partnership has many rights and responsibilities of a traditionally married couple. If the relationship comes to an end, the couple may file for a divorce under the same laws used by traditionally married couples. Issues like property and debt distribution, child custody and support, and spousal maintenance are addressed in the Domestic Partnership divorce process. If you are in need of advice or representation related to your committed relationship, we invite you to contact our office for an appointment.
McKinley Irvin proudly serves Washington State with offices in Seattle, Bellevue, Tacoma, Puyallup and Gig Harbor.
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