Domestic Partnerships can be a significant legal framework for couples who choose to build their lives together. This guide, brought to you by income-partners.net, aims to provide a clear and comprehensive understanding of domestic partnerships, particularly focusing on the specifics within California. Please remember, the information provided here is for educational purposes only and does not constitute legal advice. For advice tailored to your situation, consulting with a legal professional is always recommended.
What Exactly is a Domestic Partnership?
A domestic partnership is a legally recognized union between two adults who are committed to sharing their lives in a deeply personal and caring relationship. In California, registering as domestic partners grants couples similar state-level rights, protections, and benefits as married couples. Conversely, they also share similar responsibilities and obligations under California law. These legal aspects are largely detailed in the California Family Code, starting from section 297, which is a key resource for understanding the specifics of domestic partnerships in this state.
Domestic Partnership vs. Marriage: Key Differences to Consider
It’s crucial to understand that while California law provides substantial equality between registered domestic partners and married couples at the state level, the federal government’s recognition differs. Registered domestic partners in California generally experience the same state rights, protections, benefits, responsibilities, and obligations as spouses. However, federal law doesn’t always extend the same treatment for legal or tax purposes.
For instance, the Internal Revenue Service (IRS) does not recognize registered domestic partners as married for federal tax purposes. For more detailed information on this, you can refer to the IRS FAQ for Registered Domestic Partners.
Individuals considering a domestic partnership should carefully evaluate these federal implications. Seeking advice from an attorney, tax advisor, or other relevant professionals is advisable to fully understand the legal and financial landscape specific to their circumstances before registering. For questions about insurance, financial planning, or other benefits, consulting a private attorney is recommended to ensure accurate information and tailored advice.
City or County Registration vs. California State Registration: Understanding the Difference
Registering a domestic partnership with a city or county might seem similar to state registration, but it’s legally distinct. If you and your partner are registered at a local level or have been living together for a long time, this local registration does not automatically grant you the same legal rights and protections as a domestic partnership registered with the State of California.
To secure the comprehensive legal benefits and protections under California’s Domestic Partnership law, you must officially register your domestic partnership with the California Secretary of State. State registration is the necessary step to be fully recognized under California law as domestic partners.
How to Register a Domestic Partnership in California: A Step-by-Step Guide
If you and your partner meet the criteria outlined in California Family Code section 297, registering a domestic partnership with the California Secretary of State is a straightforward process. You will need to complete either a Declaration of Domestic Partnership for public record or a Confidential Declaration of Domestic Partnership for a private record.
To finalize the registration, the original declaration form, completed with both partners’ wet signatures, along with the required fees, must be submitted to the California Secretary of State for official filing. It’s important to note that copies, scans, or forms with electronic, digital, or reproduced signatures are not accepted. The original, physically signed document is mandatory for registration.
Eligibility Requirements for Domestic Partnership Registration in California
To successfully register a domestic partnership in California, both partners must meet specific legal requirements at the time of filing:
- Existing Marital or Partnership Status: Neither individual can be currently married to another person or be in another domestic partnership that is not officially terminated, dissolved, or annulled.
- Blood Relation: The partners must not be related by blood in a way that would legally prohibit marriage in California.
- Age Requirement: Both partners must be at least 18 years old, unless they meet the exception detailed in California Family Code section 297.1 regarding underage applicants with court permission.
- Consent Capacity: Both individuals must be fully capable of consenting to the domestic partnership agreement.
Residency Requirements for California Domestic Partnerships
Many people wonder if California residency is a prerequisite for registering a domestic partnership. The answer is no; California law does not impose a residency requirement for domestic partnership registration. You do not need to be a resident of California to register your domestic partnership with the state.
Domestic Partnerships for Individuals Under 18: Special Circumstances
While generally, both partners must be at least 18 years old to register a domestic partnership, California law provides an exception. A person under 18 can enter into a domestic partnership if they meet all other requirements and obtain a court order specifically granting permission. For comprehensive details on this provision, please refer to California Family Code section 297.1. This section outlines the process and conditions under which minors can establish domestic partnerships.
Registering a Domestic Partnership When a Partner is Unable to Be Physically Present
It is possible to register a domestic partnership even if one partner is incarcerated, living out of state, or abroad. The process involves each partner signing the same Declaration form separately and having their signature notarized. Notarizations performed outside of California are valid if they comply with the laws of the jurisdiction where they are executed.
Crucially, both partners must sign and complete the same original form, even if notarizations occur separately. Submitting separate forms, each containing only one partner’s signature, will not be accepted.
Specific Note for Incarcerated Individuals: California law does not mandate incarcerated individuals to file a Confidential Domestic Partnership instead of a Public one. To determine the most suitable type of registration (Public or Confidential), it is strongly recommended that partners seek private legal advice before filing. More information on Confidential Domestic Partnerships is available in a subsequent FAQ section.
Name Changes During Domestic Partnership Registration
California law allows for name changes during domestic partnership registration, but there are specific limitations. According to California Family Code section 298.6, upon registration, either or both partners can legally adopt a new middle or last name, choosing from the following options:
- The current last name of the other domestic partner.
- The birth last name of either domestic partner.
- A combined last name, using all or part of the current last name or birth last name of either partner.
- A hyphenated combination of last names.
Public vs. Confidential Domestic Partnership Registration: Choosing the Right Option
California offers two types of Domestic Partnership registration: Public and Confidential, each serving different needs regarding privacy.
The Declaration of Domestic Partnership form (https://dp.cdn.sos.ca.gov/forms/dp1.pdf) is for registering a Public Domestic Partnership. This record is permanently accessible to the public. All details, including partners’ names and addresses provided on the registration form, are open for public inspection.
Conversely, the Confidential Declaration of Domestic Partnership form (https://dp.cdn.sos.ca.gov/forms/dp1a.pdf) registers a Confidential Domestic Partnership. These records are not publicly accessible. Information about a confidential record, including its status, is only disclosed to the partners (upon identity verification) or to someone with a court order demonstrating valid cause for information release. Requests for information about Confidential Domestic Partnerships, including status updates, cannot be processed via phone or email.
Accessing Confidential Domestic Partnership Records:
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Partners: To access your confidential records, submit a Confidential Domestic Partnership Records Order Form or visit the Secretary of State’s Sacramento (https://www.sos.ca.gov/administration/contact-information) or Los Angeles (https://www.sos.ca.gov/business-programs/los-angeles-office) office in person with valid photo ID.
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Third Parties: All other requests for confidential records require a court order, which can be submitted by mail or in person to:
California Secretary of State
Special Filings
1500 11th Street, Second Floor
Sacramento, CA 95814
Submitting Your Domestic Partnership Declaration: Email and Fax Restrictions
Currently, the California Secretary of State does not accept Domestic Partnership Registration, Termination, or Revocation submissions via fax or email. All original documents with wet signatures must be physically mailed or hand-delivered for filing.
Correcting Errors on Your Domestic Partnership Declaration Before Filing
If you make a mistake on your Declaration of Domestic Partnership form before it’s filed, it’s best to complete a new form. Importantly, once you and your partner have signed the declaration and had your signatures notarized, no alterations are permitted on the form. If changes are needed after notarization, a new Declaration of Domestic Partnership must be completed, signed, and notarized again.
Receiving Confirmation of Your Domestic Partnership Filing
Yes, upon successful registration, you will receive confirmation. The partners will be provided with one uncertified copy of the file-stamped Declaration of Domestic Partnership form and a Certificate of Registration of Domestic Partnership. Additional certified and uncertified copies can be purchased at the time of registration.
Proving Your Domestic Partnership: Certified Copies and Their Use
To officially prove your domestic partnership, a certified copy of the file-stamped Declaration of Domestic Partnership is typically required and accepted by entities needing proof. A certified copy is distinguished by a purple stamp on the document’s back, which includes the California State Seal and initials.
Certified copies can be obtained at the time of registration for an additional fee, or ordered afterward using a Special Filings Records Order Form or a Confidential Records Order Form for confidential partnerships.
Please note that as of September 2014, the California Secretary of State no longer issues certificates with a raised Gold Seal. The black and white certificate provided upon filing is for ornamental purposes and should not be used as official substantiation of domestic partnership.
Updating Name Changes Post-Registration: Limitations
While name changes are permissible during the initial domestic partnership registration, California law does not provide a mechanism to update the registration to reflect name changes that occur after the domestic partnership is already registered. Therefore, any subsequent legal name changes will not be officially recorded or reflected in the Domestic Partners Registry.
Terminating a Registered Domestic Partnership in California
To terminate a domestic partnership registered with the California Secretary of State, and if both partners meet all conditions in California Family Code section 299(a), you can file a Notice of Termination of Domestic Partnership. This form is used for both Public and Confidential Domestic Partnerships.
Similar to registration, the original Notice of Termination form, completed with both partners’ wet signatures, is required for filing. Copies, scans, or forms with electronic, digital, or reproduced signatures are not accepted.
If the partners do not meet the requirements for termination through the Secretary of State, the domestic partnership must be dissolved through the California Superior Court. For more information, visit courts.ca.gov. Consulting private legal counsel is advised if you are unsure whether you meet the criteria for termination via the Secretary of State.
Effective Date of Domestic Partnership Termination
A Notice of Termination of Domestic Partnership filed with the California Secretary of State is not immediately effective. The termination becomes official six months after the filing date, provided that neither partner files a Revocation of Termination of Domestic Partnership with the Secretary of State before this effective date. Refer to California Family Code section 299 for complete details.
Terminating a Domestic Partnership When Partners Are Also Married
For partners in a registered domestic partnership who are also married to each other, dissolving both relationships requires a specific legal approach. You may file a petition in California Superior Court to dissolve both the domestic partnership and the marriage in a single legal proceeding. Consulting a private attorney is essential for guidance on this specific situation.
Undoing a Domestic Partnership Termination: Revocation Process
If you change your mind about terminating your domestic partnership, it is possible to revoke the termination, but there is a time limit. Within six months from the date the Notice of Termination was filed, either partner can file a Revocation of Termination of Domestic Partnership with the California Secretary of State. Only one revocation from either partner is needed to undo the termination process.
The original Revocation of Termination form, with a wet signature from the revoking partner, is required for filing. Copies, scans, or forms with electronic, digital, or reproduced signatures are not acceptable.
Ordering Copies of Domestic Partnership Records
Copies of Domestic Partnership records, including Declarations, Termination Notices, and Revocations, can be ordered from the California Secretary of State. You can order in person at their Sacramento (https://www.sos.ca.gov/administration/contact-information) or Los Angeles (https://www.sos.ca.gov/business-programs/los-angeles-office) offices, or by mail using a Special Filings Records Order Form or Confidential Records Order Form for confidential records.
Important Note for Incarcerated Individuals: When sending records to incarcerated individuals, ensure you include all required address details, such as the inmate ID number. Verify the necessary information with the correctional facility beforehand.
