Domestic Partnership

Domestic Partnership Issues

The California domestic partnership registry was the first of its kind in the country, created by a legislature without court intervention. Initially, domestic partners enjoyed very few privileges, such as hospital visitation rights. It should come as good news to our prospective domestic partnerships clients that these rights have since been expanded to allow many of the rights and responsibilities common to marriage.

If you are considering entering into a domestic partnership, you will want the sound advice of an experienced family law attorney. The Law Offices of Gary W. Kearney in Pasadena, California, can advise you on domestic partnership issues.

Your Registration

Domestic partner registration is a fairly uncomplicated process, more simple and less costly than entering into a marriage. Both parties must offer notarized signatures for a declaration listing their names and address. Unlike a marriage, there is no line on the form for the changing of either party's last names.

The declaration is then transmitted to the Secretary of State's office, along with a $10 filing fee. Same-sex couples must pay an additional $23, which will be used to help fund same-sex domestic violence training and information.

Registration Eligibility

A couple who wishes to register for a domestic partnership must meet the following requirements:

• Both persons have a common residence.
• Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been dissolved.
• The two persons are not related by blood in a way that would prevent them from being married to each other in California.
• Both persons are at least 18 years old.
• Both persons are capable of consenting to the domestic partnership.

The Details

California grants domestic partnerships most of the same rights and responsibilities as a marriage. The many details and features to follow, however, can set partnerships apart.

• Making health care decisions for each other in certain circumstances
• Access to family health insurance plans
• Sick care and similar family leave
• Step-parent adoption procedures
• The presumption that both members of the partnership are the parents of a child born into it
• Suing for wrongful death of a domestic partner
• Rights involving wills, intestate succession, conservatorships, and trusts
• Some property and income tax provisions otherwise available only to married couples
• Access to some survivor pension benefits
• Supervision of the Superior Court of California over dissolution and nullity proceedings
• Filing joint income-tax statements beginning in the 2007 tax year

When It Is Over

To dissolve most domestic partnerships, a court action, identical to an action for dissolution of marriage, would have to be filed. A filing with the California Secretary of State's office may suffice if the partnership has lasted less than five years.

The couple must also meet many other requirements. The dissolution should be both simple and uncontested; there should be no children, or current pregnancy within the relationship; no real estate, including certain leases; and little joint property or debt. Materials prepared by the Secretary of State must be reviewed, and an agreement dividing assets and liability executed. Domestic partner support claims must be waived as well.

After all requirements are met, the partnership will end six months after the filing, unless either party withdraws consent.

Call, Fax, or E-mail Us

For advice on beginning a domestic partnership, contact experienced family lawyer Gary W. Kearney for an initial consultation.