California domestic partnership law encountered some roadblocks and hurdles over the last decade, but now firmly provides that same-sex couples and certain different-sex couples are entitled to the same rights, protections and benefits as married couples. Not every family law attorney is familiar with domestic partnership law. It is important that you have a San Diego domestic partnership lawyer who is experienced in these matters, call (619) 238-0616 to schedule a free case consultation.
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How Are Domestic Partnerships Defined in California?
Same-sex couples or qualified different-sex couples qualify for classification as a domestic partnership. In setting up a domestic partnership, certain documents need to be prepared and filed to secure each couple’s rights.
California requires several factors to be met in applying for domestic partnership status, including:
- The couple must have a common residence
- The couple cannot be married
- Neither individual can be involved in any other domestic partnerships
- The couple cannot be related by blood
- Each person must be over the age of 18
- In the case of different-sex couples, at least one person must be over the age of 62
- Each person must be capable of consent
California law now provides that domestic partners have access to the same rights as married couples, including:
- Health care and medical emergency rights
- Protections upon the death of a partner
- Employment benefits
- Tax benefits
- Recognition of community property
- Right to spousal support
- Children born during the partnership are recognized as children of both partners
Domestic partnerships also allow for seamless termination procedures, which are often easier than divorce proceedings. Certain domestic partnerships may be able to qualify for a Notice of Termination of Domestic Partnership while others must go through procedures similar to a divorce if issues such as child custody or complex property division are involved. Every family is different. Whether a domestic partnership is right for you is a matter of choice. An experienced San Diego domestic partnership attorney can explain the advantages and disadvantages to you and work to ensure you have the full measure of protection available under California law.
Eligibility of a Domestic Partnership in California
To register a domestic partnership in California, both partners must meet certain eligibility requirements set out in state law. The rules are slightly different depending on whether you are over or under 18 years old.
General Eligibility for Adults
Adults must generally meet the following eligibility requirements:
- Neither partner is currently married or in another domestic partnership: If you’re married or already registered in a domestic partnership that hasn’t ended legally, you cannot apply until that relationship is dissolved or annulled.
- Partners are not close blood relatives: California doesn’t allow domestic partners to be people who could not legally marry each other due to close family ties (like siblings or some cousins).
- Both partners are 18 or older: Each partner must be a legal adult. There are some exceptions (covered below for minors).
- Both partners have the capacity to agree: Every person must have the mental and emotional ability to understand and freely consent.
Eligibility for Minors (Under 18)
Special rules allow minors to register as domestic partners, provided additional steps are taken for their protection and consent.
- Court Order: Minors must obtain a court order specifically granting them permission to register their partnership.
- Parental or Guardian Consent: Usually, at least one parent or guardian must give written consent, unless they cannot be found or are unfit, in which case the court is permitted to provide consent.
- Mandatory Interviews/Evaluations: Family Court Services interviews both minors and at least one parent/guardian. They also must conduct a private interview with each prospective partner to flag any signs of coercion or harm.
- Possible Waiting Period: For minors 17 or younger, there’s often a 30-day wait between the court order and the actual registration, unless exceptions apply.
- Domestic Partnership Counseling: The court can require minors and their families to attend counseling sessions explaining financial, social, or legal responsibilities.
Exceptions That can Make The Process Easier For Some Minors
For some minors, there are exceptions that can make the process a little bit easier. 17-year-olds with a high school diploma don’t need the family court evaluation or to wait 30 days. 16 or 17-year-olds who are pregnant, or whose partner is pregnant, skip the 30-day wait.
Registering as a domestic partner in California provides crucial legal and parenting rights, but all rules must be followed based on the partners’ ages and situations.
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How to Register a San Diego Domestic Partnership Agreement?
How to Register a San Diego Domestic Partnership Agreement
If you and your partner want state-recognized rights in San Diego, you’ll need to follow the laws of California. Below is an overview of the steps to register your domestic partnership.
Step 1: Check if You’re Eligible
First, make sure you and your partner qualify. Both of you must not be married or in another partnership, must be living together, and meet the age and gender requirements set by state law (California now allows registrations regardless of gender or sexual orientation).
Step 2: Get the Official Form and Fill it Out
Go to the California Secretary of State’s website and download the “Declaration of Domestic Partnership” (Form DP-1). Fill out the form and make sure you don’t miss any sections or make any mistakes with the information. You generally need to get the form notarized to make it official.
Step 3: Submit Documents and Pay the Filing Fee
You’ll have to pay a state filing fee when you submit your documents. It’s usually $33, unless you’re over the age of 62, in which case it’s $10. You can send your paperwork by mail to the state’s P.O. Box (address found on Form DP-1), or go in person to the Sacramento Secretary of State office to file. If you want to drop the form off in person, you pay an additional $15. You also have to pay for certified copies.
Step 4: Track Your Registration Online
After you apply, check the status of your filing online at the Secretary of State’s website to see when it is accepted or if additional action is needed. Once registered, your domestic partnership receives recognition throughout all of California, including San Diego.
Need legal assistance regarding your family law case?
Contact Contreras Law Firm at (619) 238-0616 for a free case consultation.
How to Dissolve a Domestic Partnership in San Diego?
Ending a domestic partnership depends on your situation. There is a simpler administrative process for straightforward cases and a more involved court process if it’s more complicated.
Option 1: Simplified Termination (Notice of Termination)
If your partnership is considered simple, with no shared children, less than $47,000 in community property or $6,000 in shared debt, no real estate, and the relationship lasted less than 5 years, you may be able to dissolve the partnership using this route. Both partners must live in California, agree to split, and neither can ask for support. Here’s what you need to do:
- One partner completes and notarizes a Notice of Ending a Domestic Partnership.
- Send a copy to your partner.
- File the notice with the California Secretary of State (or your County Clerk if that’s where you registered).
This method avoids court and can end your partnership quickly if both parties qualify and agree.
Option 2: Court Dissolution (Petition for Dissolution)
If you have children, real estate, a complex financial situation, or if you and your partner disagree on major points, you’ll need to dissolve the partnership through the courts. This means taking the following steps:
- One partner files a Petition for Dissolution with the Superior Court.
- The other partner must be formally served the papers.
- Both partners complete financial disclosure forms.
- You may reach an agreement and submit it for the judge to sign, or go to court for a hearing if an agreement can’t be reached.
The partnership officially ends with the court’s final dissolution order.
Contact Contreras Law Firm’s San Diego Domestic Partnership Attorneys
If you are considering entering into a domestic partnership or need help with the dissolution of one, the San Diego domestic partnership lawyers at Contreras Law Firm are ready to help. We have years of experience handling domestic partnerships, property agreements and related issues, and we understand the changes in the law that have occurred over the years. We will work hard to ensure that you receive the rights and responsibilities you are entitled to as a domestic partner.
Contact our San Diego office today to schedule your initial free consultation.