A domestic partnershipis a union between two persons who have chosen to share an intimaterelationship with each other.
The parties should not be married to one anotheror to someone else. This process allows cohabitation couples to make therelationship official outside the standard marriage context.Domestic partnershipwas originally introduced in the early 1980s for same-sex couples. Theopposite-sex partners’ can also enter into domestic partnership relationship ifone party is at least 62 years of age.
The union is legally recognized and theparties can receive benefits similar to those of married couples. In California law, domesticpartnership is known as a civil union by federal governments. The union haslegal rights and responsibilities similar to those of married couples.
Although, some states do not recognize domestic partnership within the legalcontext.Our website www.SanDiego-DivorceAttorney.comwill provide you with information and resources you need in case you decide tomove forward with a domestic partnership union.
Whois entitled to a domestic partnership?1. Opposite sex parties provided one party is62 years or older and meet the requirements of California Family Code section297.2. Non-heterosexual parties (same-sexparties) where both parties are of age 18 or older.3. A party under 18 years can obtain a courtorder granting the permission and get consent from the underage partner’sparent.4.
No blood relationship among the parties.5. No party should be married to someone elseor registered in another domestic partnership relationship. AB205: How Act of 2003 is transforming California’s Domestic partnership lawOn January 1, 2005, anAssembly Bill (AB 205) was passed by the state of California to expand on therights and responsibilities of same-sex couples. The bill is known as the”Domestic partner rights and responsibilities Act of 2003″. This law recognizesthe same-sex union in other jurisdictions provided partnership is validlyformed according to the set California domestic partnership state requirements.AB 205 ensures theparties have the same rights as married couples. The couples are financiallyresponsible to each other during the relationship.
In the event of termination,the party has the right to spousal support.California law courtshave a mandate to provide rights and responsibilities to spouses as stated inAB 205 act of 2003. The bill allows couples to register as domestic partners ifthey are also married to the same person.If you had registeredfor a domestic partnership before January 1, 2005, you automatically gained thenew rights and responsibilities stated by AB 205 act. You don’t need tore-register again unless you had previously terminated your relationship beforeJanuary 1, 2015.
Benefitsof registering for domestic partnership relationship.A civil union couplehas the same benefits as a married couple. Civil union is most sought after bygay couples in states where traditional marriage is unavailable. AB 205 billauthorizes the same-sex couples to seek civil unions with ease. According toAct 2003, domestic partners are entitled to the following legal benefits andprotections:1.
Right to obtain employee sick leave totake care of your sick partner or partner’s child.2. Right to receive hospital and jailvisitations3. Right to get family health insurancecoverage4. Right to receive a portion of yourpartner’s property in case s/he dies without a will.
5. Right to receive bereavement leave6. Right to use step-parent adoptionprocedures to adopt your partner’s child.
7. Right to sue for wrongful death of yourpartner.8. Right to access survivor pension benefits.9. Right to seek spousal support (alimony)upon dissolution of the partnership.10.
Right to receivehalf the interest on a property the other partner purchased while in a domesticpartnership relationship.Note: For you toqualify for the above legal benefits and protections, you need to register as adomestic partner with the Secretary of the state. Registration with the countyor city council is not recognized by the state of California domesticpartnership law.Whatis the difference between domestic partnership and marriage?The federal law doesnot recognize domestic partnership couples to have same benefits as marriedcouples. This has a significant impact on your life and that of your partnersince the following federal benefits are scraped off.1. You do not receive retirement benefitsfrom the federal government.
2. You receive few rights to health savingaccounts. You do not have the right to make any medical or emergency decisionswhen out of California.3.
You will not receive social securitybenefits given to married couples under the federal law.4. You don’t have the right to file federaltaxes jointly or receive tax benefits given to married couples. In the US, same-sexmarriage bans have declared unconstitutional (Obergefell V. Hodges) e.g.
instates like Washington. Registered domestic partnerships automatically becamemarriages with the legalization of gay marriage. This is different inCalifornia since the parties have to agree among themselves if they want tomaintain a domestic relationship or they need to get married.
Howto register for domestic partnershipIf you and your partnerare eligible for domestic partnership, you can register yourself with theCalifornia Secretary of state. This is done by;1. Download Domestic Partnership declarationform from http://www.sos.ca.gov/dpregistry/ or pick the form up from the localcounty registrar’s office.
2. Complete the form and sign in the presenceof a notary.3. Provide your current mailing address. 4.
Pay a $33 processing fee and submit theform to the secretary of state.Upon signing thedeclaration form, you need to attest that:1. You have met all the requirements of adomestic partner relationship.2.
You agree to allow California court topetition your case in the event of dissolution of the partnership. This alsoapplies if one or both of you no longer reside in California.3. The information provided in the form is correctand contain no material omission to the best of your knowledge. In case of anyconfidentiality, both parties are required to share a common residence and signa non-confidential form NP/SF DP-1A.
Otherrequirements:You should alsoconsider the following before registering for domestic partnership.1. Whether your partner or both of you arereceiving any benefits like SSI or Medicare prior to registration.
2. If you and your partner will adopt a childfrom another country.3. If your partner is a non-US citizen ands/he is in the US without proper documentation or has a non-immigrant visa.4. If any of you is in the militarydepartment. If the above isapplicable, it is advisable to contact your San Diego Divorce Attorney or legalcounsel to take you through your rights and responsibilities as domesticpartners.Howto dissolve domestic partnershipPrior to January 1,2015, termination of domestic partnership relationship was carried throughfilling a notice of termination with the secretary of state.
AB 205 act 2003provides the domestic partnership relationship be dissolved through courtproceedings just like marriages.However, you can alsoterminate your relationship without court approval if;• You and your partner have been registeredfor less than 5 years,• You and your partner don’t have childrenor pregnant at the time of dissolution,• None of you own a real estate property(community property) acquired during the relationship.If both parties fulfillthe above termination requirements, you can fill a notice of termination withthe secretary of state. A window period of six months is taken to effectivelydissolve your partnership. Read more information on the dissolution ofpartnership requirements from www.sos.ca.gov.
In an event you’re bothlegally married and registered domestic partners, a lawyer is needed to helpyou file a petition for ending your marriage and the domestic partnership in alocal court. If you had a childduring termination of the contract, the California court will determine thecustody and visitation rights of the child. Both parents may be heldresponsible for the support of the child. During the court proceedings, allcommunity assets acquired during the relationship are distributed among theparties.In a same-sexrelationship, a party can seek alimony and secure child support if the partydepended on the other party.
If the same-sex couples do not own a real estateat the time of termination of partnership and have been together for less thanfive years, they can end their partnership through filing a notice with thesecretary of state. Howto terminate domestic partnership when outside the state of California.At the time ofregistration, you agreed that the California courts have the power over thetermination of your domestic partnership relationship and any other proceeding.Therefore, in the event of dissolution, you can dissolve your partnership withease even if you no longer reside in California.
Consult your attorney determinewhether you need to return to the state of California to complete terminationprocedure or you can terminate while in a different state. Someof the frequently asked questions by clientsDo both parties need tobe residents of California to register for domestic partners with the state ofCalifornia?No. It is not a mustfor both parties to be residents of California in order to register with theState of California. When you register with the state of California, you shouldtake measures available to protect your relationship while in a differentstate. There are states which do not recognize domestic partnership within thelegal context.
Can you re-registerwith the state of California if you are registered domestic partner in anotherstate?No. The current AB 205has a provision that, any validly formed civil union of two persons, other thana marriage in another jurisdiction, and it is according to the set Californiadomestic partnership requirements, it will be recognized as a valid domestic partnership.This holds true regardless of whether it is called a civil union, domesticpartnership or any other name in that state.Is domestic partnershiprelationship recognized with other federal governments?Currently, the federalgovernment does not recognize domestic partnership thus providing limitedprotection to your family as compared to married couples. Other state laws maynot support or respect domestic partners and may be hostile to gay and lesbianrelationships. How does the state lawstreat property owned by registered domestic partners?State laws allowregistered domestic partners to own property which is recognized as a communityproperty. The property has survivorship right and in case of death of a party,the property is passed to the surviving partner. Community property does notattract any capital gains when the survivor sells the property due to lack offederal tax recognition benefits for domestic partners.
What happens to theproperty owned prior to domestic partnership registration?AB 205 provides that,all property owned by a partner before registering as a domestic partnerremains a separate property. But, if the partner use community funds to pay forthe mortgage or improve the property purchased before domestic partnership thenthe property remains a community property and can be divided among the partnersduring dissolution. Contact a premierDomestic partnership AttorneyPrior to registrationof a domestic partnership, you should weigh the benefits of available optionsbased on your current state and whether you meet the specific requirements. Youshould also evaluate your rights as an employee in a domestic partnershiprelationship. The California state law requires all the registered domesticpartners to keep an up-to-date address with the Secretary of the stateespecially if you have moved to a different residence.
The addresses should beupdated online at www.sos.ca.gov.Domestic partnershipand related benefits apply to the specific state you live. If you are in SanDiego, and you are considering having a domestic partnership union or terminateyour union, our experienced lawyers at San Diego Divorce Attorney can help youthrough the process.
Feel free to call us via 888-888-8888. To learn more aboutDomestic partnership and how it can apply to your case go to www.SanDiego-DivorceAttorney.com. Referenceshttps://en.wikipedia.org/wiki/Domestic_partnershiphttps://familylaw.lyttlelaw.com/common-law-marriage-informal-marriages-and-domestic-partnership.htmlhttps://www.bustle.com/articles/163932-whats-the-difference-between-domestic-partnership-and-marriagehttps://legaldictionary.net/domestic-partnership/