California has made significant strides in recognizing and protecting the rights of domestic partners. Today, registered domestic partners in California have rights and responsibilities that are almost the same as those of married couples. However, understanding the specifics of domestic partnership versus marriage is important. Choosing the right path for your relationship requires careful consideration.
To clarify the process, this guide breaks down California domestic partnerships: how to establish one, how to dissolve it if necessary, and the key differences compared to marriage.
A man and woman who recently formed a domestic partnership stand in front of their condo building. Registered domestic partners in California enjoy nearly identical rights and responsibilities to those who are married.
Understanding the Evolution of Domestic Partnerships in California
The legal landscape of California’s domestic partnership program has evolved considerably since its inception in 1999. Driven by both landmark legal battles and dedicated local activism, these changes have led to substantial rights for domestic partners, closely mirroring those of married couples. Here’s a look at the key milestones:
1999: July 7, 1999, marked the passage of Assembly Bill 26 by the California Senate Judiciary Committee. This bill formally defined domestic partnerships within the state, extending limited benefits such as hospital visitation and health coverage to partners. Crucially, this made California the first state in the U.S. to legally recognize domestic partnerships for same-sex couples.
2003: The California Domestic Partner Rights and Responsibilities Act of 2003 significantly expanded the scope of partnership rights. This legislation granted couples in domestic partnerships essentially the same state-level rights and protections as married couples. Building upon the 1999 act, it incorporated property rights, parental rights, and established a more structured legal process for dissolving a partnership. The comprehensive nature of this act led many to view it as de facto same-sex marriage under a different name.
2008: The passage of Proposition 8, a highly divisive ballot initiative, temporarily banned same-sex marriage in California. This triggered widespread public protest and a noticeable increase in the number of registered domestic partnerships across the state as couples sought legal recognition for their relationships.
2013: Years of persistent activism culminated in a pivotal moment when the U.S. Supreme Court dismissed an appeal related to Proposition 8. This effectively reinstated the legality of same-sex marriage in California. Despite this victory for marriage equality, domestic partnerships remained a relevant and popular choice for many couples.
2020: California Senate Bill 30 brought about a significant liberalization of the state’s domestic partnership laws. Previously, domestic partnerships were primarily available to same-sex couples and opposite-sex couples over the age of 62. This bill eliminated the age restriction for opposite-sex couples. As of 2020, any couple meeting the basic eligibility criteria can register a domestic partnership in California, regardless of sexual orientation or age.
Step-by-Step Guide: Registering a Domestic Partnership in California
While the history of domestic partnerships in California reflects legal complexities and societal shifts, the current registration process is surprisingly straightforward. Here’s a simple guide to help you and your partner through each step:
1. Confirm Your Eligibility
Before starting the registration process, ensure that you and your partner meet the eligibility requirements set by the state of California. To enter into a domestic partnership in California, both individuals must:
- Be at least 18 years of age (with limited exceptions for minors with court approval).
- Share a common residence and live together.
- Not be blood relatives to a degree that would prevent marriage in California.
- Not be currently married to someone else or in another registered domestic partnership.
2. Obtain the Declaration of Domestic Partnership Form
The required paperwork for establishing a domestic partnership in California is relatively simple. The key form is the California Declaration of Domestic Partnership, officially known as Form NP/SF DP-1.
You can easily download this form from the California Secretary of State’s official website. Alternatively, physical copies may be available at your county clerk’s office, but availability can vary, so downloading is often the most reliable method.
3. Complete and Notarize the Declaration Form
Once you have the Declaration of Domestic Partnership form, both partners need to fill it out completely and accurately. The form requires you to provide the following information:
- Full Legal Names of Both Partners: Enter your current legal names.
- Current Addresses: Provide your residential addresses.
- Date and Place of Birth for Both Partners: This verifies age eligibility.
- Details of Previous Marriages or Domestic Partnerships (if any): You will need to disclose if you or your partner were previously married or in a domestic partnership and how those relationships ended (e.g., divorce, dissolution, death).
- Declarations of Eligibility: You will both need to sign declarations affirming that you meet all the eligibility requirements for a domestic partnership in California.
- Date and Signatures: Both partners must date and sign the form in the designated areas.
Notarization is a crucial step. Both partners’ signatures on the Declaration of Domestic Partnership form must be notarized to be legally valid. You can find a notary public at various locations, such as:
- Banks and Credit Unions: Many banks offer notary services to their customers, often for free or a nominal fee.
- Legal Offices: Law firms and legal document preparation services typically have notaries on staff.
- Certified Notary Publics: You can hire a certified notary public who may offer mobile services for added convenience.
4. Submit the Form and Pay the Filing Fee
After completing and notarizing the Declaration of Domestic Partnership form, you have two options for submitting it to the California Secretary of State:
- By Mail: You can mail the completed form and payment to the address specified on the form or the Secretary of State’s website.
- In Person: You can submit the form in person at the Sacramento office of the Secretary of State. Note that there is an additional special handling fee for in-person submissions.
Filing Fees: There is a filing fee associated with registering a domestic partnership. The fee amount depends on the age of the partners:
- Couples Under 62: If both partners are under 62 years of age, the filing fee is $33.
- Couples with One or Both Partners 62 or Older: If one or both partners are 62 years of age or older, the filing fee is reduced to $10.
- In-Person Special Handling Fee: For in-person submissions, there is an additional $15 special handling fee.
Ensure you include the correct filing fee with your submission. Check the Secretary of State’s website for the most up-to-date fee information and acceptable payment methods.
5. Processing Time
Once you submit your Declaration of Domestic Partnership, it needs to be processed by the California Secretary of State’s office. The processing time can vary depending on the volume of applications they are currently handling. It’s advisable to submit your form well in advance of when you need your domestic partnership to be officially recognized for benefits or other purposes.
To help you track the progress, the California Secretary of State’s website provides a processing times page. This page is regularly updated to show the processing dates for submitted forms, allowing you to get an estimate of when your application might be processed.
6. Receive Your Certificate of Registered Domestic Partnership
After your declaration has been fully processed and approved, the California Secretary of State will mail you an official Certificate of Registered Domestic Partnership. This certificate serves as legal proof that your domestic partnership is officially registered with the State of California. Congratulations!
7. Update Your Important Documents
Once you receive your Certificate of Registered Domestic Partnership and have celebrated this significant step, it’s essential to update your personal documents and records to reflect your new status. Documents you should consider updating include:
- Employee Records at Work: Notify your employer’s HR department to update your marital status and benefits information.
- Insurance Provider Documents: Update your health, dental, life, and auto insurance policies to include your partner where applicable.
- Estate Plans: Review and update your will, trusts, powers of attorney, and other estate planning documents to ensure they reflect your domestic partnership and wishes.
- State Tax Withholding Status: Adjust your state tax withholdings as domestic partners in California can file state income taxes jointly.
Rights and Benefits Afforded to California Domestic Partners
California law provides registered domestic partners with a wide array of rights and benefits that are comparable to those granted to married couples at the state level. These include:
Health Insurance Coverage
Domestic partners are entitled to family health insurance plans and may be eligible to be covered under either partner’s employer-sponsored health insurance. This ensures access to necessary healthcare coverage as a couple.
Parental Rights
Domestic partnerships in California offer virtually identical rights and responsibilities concerning adoption, child custody, and child visitation as marriage. This provides legal security and clarity for partners who are parents or plan to become parents.
Inheritance Rights
Similar to spousal inheritance rights in marriage, if a domestic partner passes away without a will (intestate), their assets will automatically be inherited by their surviving domestic partner. This provides legal protection and ensures that your partner is recognized as your heir.
Medical Decision-Making Authority
As a registered domestic partner, you have the legal right to make medical decisions on behalf of your partner if they become incapacitated and unable to make those decisions themselves. This is a crucial right for ensuring your partner’s healthcare wishes are respected.
State Tax Benefits
California allows domestic partners to file their state income taxes jointly, which can result in significant financial benefits depending on their income levels. However, it’s important to note that this joint filing does not extend to federal taxes.
Community Property Rights
Just as in marriage, any assets or income that you and your partner acquire during the domestic partnership are considered community property under California law. In the event of separation or dissolution of the partnership, community property is generally divided equally between the partners. Domestic partnership law also recognizes pre-partnership agreements (similar to prenuptial agreements) to determine asset division in case of dissolution.
Dissolving a Domestic Partnership in California
If the time comes to end a domestic partnership, California law provides a dissolution process that is similar to divorce for married couples. Here are the general steps involved:
1. Establish Residency Requirements
To be eligible to dissolve a domestic partnership in California, either you or your partner must have resided in California for at least six months and in the county where you intend to file for dissolution for at least three months prior to filing.
2. Complete Required Forms
To initiate the dissolution process, you will need to complete specific court forms, including:
- Form FL-103 (Petition for Dissolution of Domestic Partnership): This form formally requests the court to dissolve the domestic partnership.
- Form FL-110 (Summons): This form officially notifies your partner of the dissolution proceedings and their rights and responsibilities.
Depending on your specific circumstances, such as shared property, children, or the need for partner support, you may need to complete additional forms.
3. File with the Superior Court
After completing all necessary paperwork, you must file the forms with the Superior Court in the California county where you meet the residency requirements. There is typically a filing fee associated with filing for dissolution, although fee waivers may be available for those who qualify based on financial need.
4. Serve Your Partner with Papers
Once the court has accepted your forms, you are legally required to “serve” your partner with copies of the filed documents. “Serving” means formally providing them with legal notice of the dissolution action. You cannot personally serve the papers; it must be done by someone else who is at least 18 years old, such as a professional process server, a friend, or a family member.
5. Partner’s Response Period
After being served, your partner has 30 days to file a formal response with the court if they disagree with anything in your petition or wish to present their own requests to the court. If your partner agrees with the terms of the dissolution or does not file a response within 30 days, the dissolution can proceed as an “uncontested” case, which is generally simpler and faster. If there is disagreement, it becomes a “contested” case, potentially requiring negotiation, mediation, or court hearings.
6. Financial Disclosure
California law requires both partners in a dissolution case to fully disclose their financial information to each other. This typically involves completing disclosure forms and providing documentation about assets, income, debts, and expenses. This financial disclosure is essential for fairly dividing property and determining if partner support (alimony) is appropriate.
7. Finalizing the Dissolution
To finalize the dissolution of your domestic partnership, you and your partner must reach an agreement on all key issues, such as property division, partner support, and child custody (if applicable). This agreement is typically formalized in a written settlement. Once the court reviews and approves your agreement and all required paperwork is completed, the court will issue a judgment dissolving the domestic partnership, legally ending the relationship.
Domestic Partnership vs. Marriage: Why Choose Partnership?
With same-sex marriage now legal nationwide, some may wonder why couples still choose domestic partnership. Interestingly, there are situations where a domestic partnership might be a preferable or more suitable option for some couples. Reasons for choosing a domestic partnership over marriage can include:
Personal or Philosophical Beliefs: For some, the less traditional and less institutionalized nature of a domestic partnership aligns better with their personal philosophies or beliefs about relationships.
Desire for Simplicity: Domestic partnership can offer a more streamlined way to formalize a committed relationship and gain legal protections without the more elaborate traditions and societal expectations sometimes associated with marriage.
Financial Considerations: In certain specific financial situations, a domestic partnership might offer advantages, particularly concerning pension benefits, Social Security, or estate taxes. This can be especially relevant for older couples who are remarrying or entering into new relationships later in life, as marriage can sometimes create unintended complications with existing benefits.
Health Insurance Benefits: While less common, in rare instances, some employers might offer more favorable health insurance benefits to domestic partners than to married spouses. This is typically done to compensate for the lack of federal benefits for domestic partners compared to married couples.
Avoiding Federal Marriage Regulations: Because California domestic partnerships are governed at the state level, they primarily provide state-level benefits and protections. For couples who wish to avoid certain federal regulations or complexities associated with marriage, a domestic partnership might be a way to achieve legal recognition at the state level while maintaining a different federal status.
Take the Next Step
If you are considering registering a domestic partnership in California, consulting with a family law specialist can be beneficial. An experienced California family law attorney can provide personalized advice, explain the legal implications in detail, and ensure that the registration process is handled smoothly and efficiently. They can help you understand all your rights and responsibilities and guide you in making the best choices for your relationship.
Frequently Asked Questions (FAQs)
What happens to a California domestic partnership if we move out of state?
Domestic partnerships are primarily recognized at the state level. However, many other states offer varying degrees of recognition to California domestic partnerships. When moving out of California, it’s advisable to research the laws of your new state to understand how your California domestic partnership will be recognized and what rights and benefits it will confer in your new location. Some states may offer full recognition, while others may offer partial recognition or none at all.
How does California legally define a domestic partnership?
The most recent California legislation defines a domestic partnership as a legal relationship between “two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.”
What is a ‘confidential’ domestic partnership in California?
California law allows for a “confidential” domestic partnership, which offers increased privacy. Functionally, a confidential domestic partnership provides the same legal rights and responsibilities as a standard domestic partnership. The key difference is that the registration information for confidential domestic partnerships is not publicly accessible. While confidential domestic partners are still listed in a state registry, it is a non-public registry, offering greater privacy.
Is it necessary to hire an attorney to register a domestic partnership?
While not legally required, engaging a family law attorney to assist with forming a domestic partnership in California can be a wise decision, especially if you are considering creating a pre-partnership agreement (similar to a prenuptial agreement) or if you have complex legal or financial situations. An attorney can provide valuable guidance on the legal implications of domestic partnership and ensure that your interests are protected.
