Domestic Partnerships in California

Defining a Domestic Partnership

A domestic partnership is a legal relationship between two individuals who are not married but live together and share an intimate and committed relationship. Domestic partnerships provide many of the same legal rights and benefits as marriage, such as the ability to make medical decisions for one another, access to health insurance coverage, and the ability to inherit property from one another.

Benefits of a Domestic Partnership

Partners in a domestic partnership may be entitled to the same rights and benefits as married couples, such as the ability to make medical decisions on behalf of their partner and access to health insurance coverage. They also have certain legal obligations, such as responsibility for supporting their partner and their partner's children.

Who Can Form a Domestic Partnership

In California, domestic partnerships are recognized as a legal alternative to marriage for same-sex couples who were not allowed to marry before same-sex marriage was legalized in 2015. However, opposite-sex couples may also choose to establish a domestic partnership if they meet certain requirements. Both partners must be at least 18 years old and not married or related by blood. They must also share a residence and be in a committed relationship.

What California Laws Apply to Domestic Partnerships

To establish a domestic partnership in California, both partners must file a Declaration of Domestic Partnership with the Secretary of State. Once the partnership is established, partners have certain legal rights and obligations. Domestic partnerships in California are governed by the Domestic Partnership Act, which provides a legal framework for the rights and obligations of domestic partners.

Terminating a Domestic Partnership

To terminate a domestic partnership in California, partners may file a Notice of Termination of Domestic Partnership with the Secretary of State. The termination becomes effective six months after the notice is filed, unless both partners request that the termination be rescinded before the six-month period expires. During the six-month waiting period, partners may continue to share property, make decisions together, and have legal responsibilities toward one another.

Your Rights & Obligations

Overall, domestic partnerships are an important legal option for couples who wish to share their lives and enjoy some of the legal benefits and protections of marriage, without actually getting married. If you're considering a domestic partnership in California, it's important to consult with a qualified attorney who can help you understand your rights and obligations under the law.

Further Reading

California Secretary of State: Frequently Asked Questions. Retrieved from https://www.sos.ca.gov/registries/domestic-partners-registry/frequently-asked-questions/