Is a civil union recognized in bankruptcy court?
The short answer to the question of whether civil union is recognized in bankruptcy court in South Dakota is no. Civil unions are not legally recognized in South Dakota and, as such, would not be a factor in bankruptcy proceedings. In South Dakota, the only type of legally recognized domestic relationship is marriage. In 2011, South Dakota passed the Defense of Marriage Act, which defined marriage as a union between one man and one woman. This ruling was later upheld by the state Supreme Court. Civil unions, domestic partnerships, and other types of legal unions are not legally recognized in the state, and, therefore, would not be taken into account when filing for bankruptcy. The courts in South Dakota are, however, obligated to consider how the law applies to cohabitation agreements. Civil unions are outside the scope of these agreements and, therefore, not formally recognized. This decision does not mean that couples who are in a civil union would not benefit from the assistance provided by the bankruptcy courts, but rather, that their civil union would not be taken into consideration in proceedings. Ultimately, civil unions are not legally recognized in South Dakota, and, therefore, are not factored into bankruptcy proceedings within the state. For couples in a civil union, it is important to understand the limitations associated with their domestic relationship and how it may impact bankruptcy and other legal proceedings.
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