Domestic Partnership in California: What to Know
There is valuable information to know when it comes to a domestic partnership in California.
Learn the details here now.
Introduction
For one reason or another, two adults committed in a relationship may not wish to get married. Or, maybe they do – just not today. In the meantime, how can they protect themselves and look out for one another as they would if they were married? They can do so as domestic partners.
Over the years, the laws concerning domestic partnerships have changed in California – and they have grown to become quite popular. Here’s what you need to know.
What is a Domestic Partnership?
California Family Code Section 297(a) states that “Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.”
For years, California only allowed same-sex couples and opposite-sex couples over the age of 62 years to enter into a domestic partnership. However, as of 2019, any two adults who meet some basic criteria can enter into this partnership.
Why couples would choose this option varies. Some do it for more legal purposes and less religious purposes of matrimony. Others don’t want the stigma attached to be married a second, third, or fourth time. Those who have a deceased spouse may want to be committed again without losing the survivor’s benefits.
Domestic partnerships are seen as a way to solidify a union without all the formalities that come with a marriage.
Who Can Have a Domestic Partnership?
Again, the law states that domestic apartments are “two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.” But it goes on to give a few requirements that must be met in order to get approved and be recognized as a domestic partnership, as such stated in Section 297 of California’s Family Code:
“(b) A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division, and, at the time of filing, all of the following requirements are met:
- (1) Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.
- (2) The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
- (3) Both persons are at least 18 years of age, except as provided in Section 297.1.
- (4) Both persons are capable of consenting to the domestic partnership.
- (Amended by Stats. 2019, Ch. 135, Sec. 1. (SB 30) Effective January 1, 2020.)”
How Do You Become Domestic Partners?
To form a domestic partnership in California, you need to make sure that you both meet the criteria stated above. If so, then you can begin the application process with the Secretary of State. You can either go to their office or complete a few necessary forms online – including a Declaration of Domestic Partnership.
The Domestic Partnership forms must be signed and notarized. These will need to be returned to the Secretary of State with the applicable fees. Once it is reviewed, you will be notified when the partnership has been approved and made official.
What Rights Do Domestic Partners Have?
One of the biggest questions that always comes up about a domestic partnership is about which rights become given once it is entered into. Though it is important to understand that California’s domestic partnership laws may not all be recognized federally.
The rights you receive from domestic partnerships in California include:
- The right to own community property
- Ability to add a domestic partner to state-administered health insurance
- Protections for the partner due to the death of another
- The right to adopt – including the adoption of a child previously born to the partner
- Legal rights to children
- The right to bereavement leave
- Family leave for your partner
- Inheritance rights
- Avoidance of the marriage tax penalty
- Visitation rights
- The opportunity to change names or take each other’s names
Domestic Partnerships and Finances
As you can tell, there are benefits to becoming domestic partners – including financially. This means being able to take advantage of rights when it comes to life insurance, death benefits, health insurance, and taxes.
In the State of California, domestic partners will file taxes and be treated as a married couple. Though, federally, these individuals are considered single for tax purposes and must file as individuals. This can be beneficial in some ways as filing together may cause you to enter a higher tax bracket – and lead to higher taxes.
Terminating a Domestic Partnership
You may not be thinking about separating or breaking up when you enter into a domestic partnership, but sometimes it happens. If you were married, you would get a divorce. So, what happens in a domestic partnership?
Those who have been domestic partners for less than five (5) years without any minor children can simply have their partnership nullified. Most other circumstances, however, will result in a divorce-like legal process.
The Importance of an Attorney in Domestic Partnerships
Whether you are interested in forming a domestic partnership – or you believe it is time to terminate yours – having an experienced family law attorney on your side can prove to be incredibly beneficial.
It may seem like a simple process, but the protections that come with the partnership as well as the benefits that you may receive will only benefit you if you take advantage of all it has to offer. An attorney will be able to review your rights and protections in detail – and ensure that all of your paperwork is filed appropriately.
Should the unfortunate day come when you choose to split from one another, just as you would have a divorce attorney, it is beneficial to hire an attorney so that you and your assets remain protected. This will not only give you peace of mind now but also provide you with a sense of security going forward.
In other words, everything you need to know about domestic partnerships in California, you can learn from an experienced attorney.
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