Short explanation:

Long explanation:

California’s domestic partnership system has evolved significantly since its creation in 1999, now offering a comprehensive alternative to marriage with specific advantages and limitations compared to traditional marriage.

Eligibility Requirements for California Domestic Partnerships

Who Can Register:

• Same-sex couples of any age 18 or older
• Opposite-sex couples where at least one partner is 18 or older
• Opposite-sex couples where either person is over 62 (eligible for certain Social Security benefits)
• Partners must share a common residence (with some exceptions)
• Neither person can be married or in another domestic partnership
• Partners cannot be related by blood in ways that would prevent marriage
• Both must be capable of consenting to the domestic partnership

Registration Process:

• Complete Declaration of Domestic Partnership form (NP/SF DP-1)
• Have the form notarized with both partners present
• Submit the form to the California Secretary of State with the required fee (approximately $33)
• For same-sex couples who married in another state before same-sex marriage was legal in California, registration is automatic
• Some cities and counties offer local registration, but state registration provides the broadest protections

Legal Rights and Protections

Similar to Marriage:

• Community property rights for assets and debts acquired during the partnership
• The right to make healthcare decisions for an incapacitated partner
• Hospital and prison visitation rights
• Rights to family leave to care for a partner
• Inheritance rights without a will (intestate succession)
• The right to adopt children as a couple
• The ability to take a partner’s last name
• Coverage under partner’s health insurance (for state-regulated plans)
• Rights to sue for wrongful death or emotional distress
• Domestic partner violence protections

Differences from Marriage:

• Limited federal recognition and benefits
• Social Security survivor benefits generally not available
• Federal tax filing status must be “single” (though this area is complex)
• Immigration sponsorship may not be available
• Recognition in other states varies significantly
• Some employer benefits may treat domestic partners differently
• Some retirement benefits may have different rules

Terminating a Domestic Partnership

Through Secretary of State:

• If the partnership has lasted less than 5 years
• If there are no children from the relationship (born or adopted)
• If the couple has minimal community property and debts
• If both partners agree to the termination
• File a Notice of Termination of Domestic Partnership form

Through Court Process:

• Required if partnership doesn’t qualify for the simplified process
• Follows essentially the same procedure as divorce
• Subject to the same six-month waiting period as divorce
• Involves the same community property division principles
• May involve partner support (equivalent to alimony)

When to Consider Domestic Partnership vs. Marriage

Potential Advantages of Domestic Partnership:

• For seniors who wish to preserve certain Social Security or pension benefits that would be affected by marriage
• For couples who want legal protections but have personal, religious, or philosophical reasons for avoiding marriage
• For couples who prefer the potentially simpler termination process (if they qualify)
• For same-sex couples concerned about recognition issues in certain jurisdictions

Potential Disadvantages:

• Lack of full federal benefits
• Potential complications when traveling or relocating to states without recognition
• Possible confusion about legal status in certain situations
• May require additional legal documents to fully protect the relationship

Recent Developments and Future Considerations

California’s domestic partnership laws continue to evolve. Since the legalization of same-sex marriage nationwide in 2015, and the opening of domestic partnerships to all couples in 2020, individuals have more options for formalizing their relationships. However, the legal landscape continues to change, particularly regarding federal recognition and benefits.

Our experienced family law attorneys can provide personalized guidance about whether domestic partnership or marriage would better serve your specific circumstances, and can help you navigate the registration process or create additional legal documents to fully protect your relationship.

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Temecula, CA 92590