It is always advisable to consult a lawyer in your state before signing a legal document. Here are some specific questions to consider before signing a domestic partnership Colorado affidavit/declaration.
First, does your organization have a non-discrimination statement that includes sexual orientation?
Nearly all companies that provide domestic partner benefits will also have an anti-discrimination policy that includes sexual orientation. However, to ensure that your sexual orientation cannot be held against you, verify that your company has this policy before signing up for benefits.
Does my organization have a confidentiality policy?
If you are not out at work and concerned that enrolling in benefits will result in discrimination, find out whether your company has a confidentiality policy that would prevent disclosure to managers and co-workers.
How will the domestic partner benefits be taxed?
Under federal tax law, the portion of an insurance premium that your employer pays for your coverage is not taxed as income. Federal law treats benefits for spouses, children, and certain dependents the same way.
However, a domestic partner is not considered a spouse under federal law. As a result, if you elect to have your partner covered under your plan, you will pay income tax and Social Security payroll tax on the portion of the insurance premium that your employer contributes to your partner’s policy.
What if my partner’s employer requires employees not electing coverage to disclose that they are covered under another plan?
If your partner’s employer requires employees to disclose the source of their insurance coverage, your partner’s use of your domestic partner plan could “out” your partner, which may be a concern if he or she has an LGBTQ-unfriendly workplace.
What if my partner is a member of the armed services?
Signing up for these benefits might risk “outing” your partner to the armed services since there will be documentation of the relationship. However, your employer might provide you with some privacy guarantees.
What if I am (or my partner is) a foreign national in the country on a temporary visa?
Foreign nationals in the country on temporary visas should be aware that signing a domestic partnership affidavit could constitute evidence of intent to stay in the country indefinitely, violating the visa stipulations.
Questions To Ask When Seeking Legal Help For Domestic Violence Victims
What is the law in my state concerning domestic abuse (DA)? What is considered to be domestic abuse?
You can use the standard terminology DV, which stands for Domestic Violence. Still, I wish to use the word “abuse” here lest your divorce attorney is unacquainted with domestic violence and equates it somehow with only physical abuse.
Bear in mind that even if you are careful to say ‘domestic abuse,’ many people, including many lawyers, will think only of physical violence, significantly if in your state the legal definition of domestic violence is restricted only to physical assault.
How will you handle a case that involves particulars of domestic abuse, such as (give one or two brief examples)?
You might like to give an example of abuse that does not include physical violence or threats of physical violence but is characterized by a longstanding pattern of coercive control with emotional, psychological, financial abuse, gaslighting, isolation of the victim, etc.
Ask how the court is likely to respond to that kind of case and how the attorney would work for you to try to obtain fair justice for you even if the state discounts the non-physical types of abuse.
What is the law in my state regarding “time-sharing” (or visitation) of children?
What practices do the courts and opposing lawyers use to help arrive at a ruling on child custody and “time-sharing”? How do you deal with cases where the opposite side alleges that your client is causing Parental Alienation Syndrome? Who is the judge in our case, and what is his or her history on this subject?
Using Domestic Partnership Affidavit In Future Court Proceedings
In some jurisdictions, the law creates obligations — such as providing financial support or dividing property — for couples that separate. Whether a domestic partnership affidavit could be used in a suit for support or property division would depend on the jurisdiction you are in.
Some states have Defense of Marriage Act (DOMA) laws that would most likely prevent the courts from recognizing any kind of relationship between you and your partner.