Significant changes in our society have resulted
in the creation of diverse living arrangements and the emergence of
an expanded concept of the family unit. Many persons today live as
families in enduring, committed relationships other than marriages.
The County of Rockland has an interest in supporting all caring, committed
and responsible family units. The County also recognizes that it is
in the public interest for persons in committed relationships and
who share common households to be able to register those relationships
formally.
As used in this chapter, the following terms
shall have the meanings indicated:
DOMESTIC PARTNER
A.
Shall be:
(1)
An unmarried person 18 years of age or older
and competent to contract;
(2)
Unrelated by blood to his or her domestic partner
in a manner that would bar their marriage in New York State; and
(3)
Sharing a common household with a partner in
a close and committed, financially interdependent personal relationship.
B.
In addition, such person shall have:
(1)
Elected to execute with his or her domestic
partner an affidavit of domestic partnership attesting to the foregoing
requirements and further attesting to their present intention to remain
in that relationship; and
(2)
Attested that the domestic partnership has not
been terminated.
AFFIDAVIT OF DOMESTIC PARTNERSHIP
An affidavit prepared by the Office of the County Clerk in
accordance with procedures adopted by the County Clerk. The procedures
of the County Clerk with regard to such affidavits shall be adopted
by the effective date of this chapter.
MARRIAGE
A marriage as defined in § 10 of the New York state
domestic relations law.
All affidavits relating to the domestic partnership
shall be executed on a form provided by the Office of the County Clerk.
The affidavit of domestic partnership shall contain the following
information and be in substantially the following form:
We, the undersigned, do hereby declare ourselves
to be domestic partners. We reside in the County of Rockland, or one
of us is employed by the County of Rockland. We are both 18 years
of age or older, unmarried and competent to enter into a contract.
We are not related by blood in a manner that would bar marriage under
the laws of the State of New York. We share a common household. We
are in a close and committed, financially interdependent personal
relationship and intend to remain in the relationship. We are each
other's sole domestic partner, have no other domestic partner and
intend to remain each other's sole domestic partner. Neither of us
has terminated another domestic partnership within the last 60 calendar
days. We agree to file a termination statement in the event that the
domestic partnership is terminated.
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Either domestic partner may, on a form provided
by the County Clerk, amend an affidavit of domestic partnership filed
with the Office of the County Clerk at any time to reflect a change
in the information previously provided to the County Clerk.
When a domestic partnership has been terminated pursuant to §
232-6 of this chapter, no new affidavit of domestic partnership involving either of the parties to the terminated domestic partnership shall be valid under this chapter until 60 calendar days after the effective date of the executed affidavit of termination. This sixty-day waiting period shall not apply where the domestic partnership terminated as a result of the death or marriage of one of the domestic partners.
The County Clerk shall set reasonable fees of
not more than $35 to be charged for the (1) filing, (2) amendment
to, or (3) termination of a domestic partnership registration. Upon
payment of the aforesaid fee, the individual(s) shall receive two
certified copies of the applicable document. The fee for obtaining
additional certified copies of the applicable document shall be the
fee customarily charged by the County Clerk for obtaining additional
certified copies of documents filed with the Office of the County
Clerk.
Nothing in this chapter shall be deemed to supersede,
alter, affect or conflict with any state or federal laws or rules.
If any section of this chapter or the application
thereof to any individual, partnership, or circumstance shall be adjudged
invalid or unconstitutional by any court of competent jurisdiction,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the controversy
in which such order or judgment was rendered.