How to Get a Domestic Partnership in California

California offers an alternative to marriage for couples who want to formalize their relationship without traditional marriage’s legal and cultural baggage. Known as domestic partnerships, these unions provide similar legal benefits and protections as marriage but with unique requirements and nuances. Let’s discuss what domestic partnerships are, how to register one in California, and the steps involved in ending a domestic partnership.

What Is a Domestic Partnership in California?

Does California recognize domestic partnerships? Yes, it does. In fact, it was one of the first states to do so. A California domestic partnership is a legally recognized relationship between two people who share their lives, similar to marriage. Registered partnerships in California were originally created to give same-sex couples a way to obtain legal protections and benefits when marriage wasn’t available to them. Although same-sex marriage has been legal nationwide since 2015, registered partnerships remain an option for both same-sex and opposite-sex couples in California.

California law defines a domestic partnership as a union of two individuals who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. Registered partners are granted many of the same rights, responsibilities, and benefits that spouses receive, but they are not required to go through the legal framework of marriage.

Key Legal Benefits and Responsibilities for Domestic Partners

• Property rights: Domestic partners are entitled to share assets, real estate, and other property acquired during the partnership, similar to the way property is treated in a marriage.
• Healthcare decision-making: Partners can make medical decisions for one another if one partner is incapacitated or unable to do so.
• Parental rights: If registered partners have or adopt children, they can have the same legal standing as biological parents in custody matters.
• Tax benefits: While registered partnerships may not have the same federal tax benefits as marriage, California offers state-level tax advantages for registered partners, such as joint state tax returns and inheritance benefits.

Eligibility Requirements for Entering a Domestic Partnership

To form a domestic partnership in California, couples must meet the following criteria:

• Both individuals must be 18 years or older (unless specific court approval is obtained).
• Neither individual is married or in another partnership.
• The partners must not be closely related by blood.
• The couple must consent to the relationship and declare their commitment to each other.

If these criteria are met, the couple may register their partnership with the state. Critically, gender or sex assigned at birth are no longer criteria that must be met if you seek to establish a partnership. 

How to Get a Domestic Partnership in California

Once you decide that a domestic partnership is right for your relationship, understanding the process of registering is key. Below, we’ll go over the steps you need to take to formalize your partnership under California law. 

Eligibility Criteria

The state of California allows any two adults who are in a committed relationship to register as domestic partners, regardless of gender. It’s important to note that both individuals must be capable of entering into a legal contract (meaning they are mentally competent and of sound mind). Additionally, if either individual has been married or in a previous registered partnership, they must provide documentation that the prior relationship has been legally dissolved.

The Registration Process

Domestic partner registration in California is a straightforward process, but you’ll need to follow the correct steps and provide the necessary documentation.

1. Complete the Domestic Partnership Registration Form: The California Secretary of State offers a form (Form DP-1) that must be completed and submitted to register your partnership. This form includes basic information about you and your partner, such as names, addresses, and birth dates.
2. Notarize the Form: The domestic partnership California form must be signed in front of a notary public to ensure that the information provided is accurate and the parties consent to the arrangement.
3. Submit the Form and Pay the Fee: Once the form is completed and notarized, you can submit it to the California Secretary of State’s office. The current fee for registering partnerships is $33 for California residents and $43 for non-residents (fees are subject to change). You can mail the form or submit it in person.
4. Wait for Approval: After submitting the form, the state will process the registration, which can take a few weeks. Once approved, your partnership will be officially recognized under California law.

Special Considerations for Domestic Partnerships

While California domestic partnerships registrations offer many of the same benefits as marriage, there are a few important differences to consider:

• Federal recognition: Domestic partnerships are recognized by the state of California, but they do not offer the same federal protections and benefits as marriage, such as Social Security benefits or certain tax advantages.
• Private benefits: Many employers offer health insurance and other benefits to registered partners, but this varies by company – California law only requires this for companies within the state. Make sure to check with your employer about their policies.

For couples with immigration concerns, registered partnerships might not offer the same legal benefits as marriage when applying for visas or adjusting immigration status. In these cases, speaking with an immigration attorney can clarify your legal options.

Rights and Responsibilities of Domestic Partners

Domestic partners in California are granted many of the same legal rights and responsibilities as married couples. These include:

• Property rights: Like married spouses, domestic partners are subject to California’s community property laws. This means that any property acquired during the partnership is considered joint property. If the partnership ends, the property will be divided equitably between the partners.
• Healthcare and decision-making: Does California allow domestic partners on health insurance? Yes, it does. California domestic partnership health insurance works just like spousal health insurance benefits. In addition, registered partnerships have the legal right to make medical decisions on behalf of each other if one person becomes incapacitated. Additionally, registered partners may be entitled to visit each other in healthcare settings that limit visitors to “immediate family.”
• Parental rights: Domestic partners can adopt children together, and both partners can be listed as legal parents. If the partnership ends, custody and visitation will be determined similarly to how it’s handled in divorce cases.
• Financial support: In some cases, one partner may be required to provide financial support to the other if the partnership ends.

How to End a Domestic Partnership in California

Ending a domestic partnership in California can be as complex as dissolving a marriage. Below is a detailed look at how to dissolve a domestic partnership, including the steps, legal considerations, and options for resolving disputes.

Filing for Dissolution

To end a registered partnership, the first step is to file a Notice of Termination with the California Secretary of State or file for dissolution in a California family court.

1. Summary Dissolution: If your partnership meets certain criteria, such as having no children, being together for less than five years, and having minimal joint assets, you may qualify for summary dissolution. This process is quicker and less expensive than a standard dissolution.
2. Standard Dissolution: If your partnership does not qualify for summary dissolution, you will need to file for a standard dissolution, which involves a more detailed legal process, including asset division, child custody arrangements (if applicable), and potential financial support.

You’ll need to file the appropriate forms with the state, including a Notice of Termination of Domestic Partnership (Form DP-2) or a Petition for Dissolution. You will also need to provide documentation regarding your assets, debts, and any custody arrangements if you have children.

There is a filing fee for dissolving a domestic partnership, which varies depending on whether the case is handled through the Secretary of State or in court.

Legal Considerations in Dissolution

Domestic partnerships follow many of the same rules as marriage when it comes to dividing assets and determining financial obligations. Key factors include:

• Division of Property: California is a community property state, which means any assets acquired during the partnership are divided equally upon dissolution. This applies to real estate, bank accounts, and even retirement funds.
• Financial Support: In some cases, one partner may be required to provide financial support to the other, similar to alimony in divorce cases. This is especially common if one partner is financially dependent on the other during the partnership.
• Parental Rights: If the partners share children, the dissolution will also involve determining custody and visitation arrangements. The best interests of the child are the primary consideration in custody disputes.
• Healthcare Benefits: If one partner is covered under the other’s health insurance, coverage may end when the partnership is dissolved, although some health plans may offer continuation of benefits under COBRA.

Alternative Dispute Resolution (ADR) Options

Dissolving a domestic partnership doesn’t have to be a contentious process. Many couples choose to resolve their differences through mediation or collaborative law rather than going to court. The advantages of ADR include:

• Cost savings: Mediation and collaborative law are often less expensive than traditional litigation.
• Confidentiality: ADR proceedings are private, while court records are public.
• Quicker resolution: Couples can often resolve their disputes more quickly through ADR than through the court system.

Talk to Family Law Experts About Your Domestic Partnership Needs

Domestic partnerships offer a legal framework for couples who want the benefits and responsibilities of marriage without formally marrying. Understanding how to enter a domestic partnership, what legal rights come with it, and how to dissolve it is crucial for couples considering this option.

If you’re considering forming or dissolving a registered partnership, seeking legal advice is a smart move to ensure you understand all your rights and obligations. The attorneys at Rodriguez Lagorio LLP are here to help you navigate the legal complexities of these partnerships and protect your interests.For assistance with domestic partnerships or any other family law matters, contact Rodriguez Lagorio LLP today. We’re here to provide the guidance and representation you need.