Ventura Domestic Partnership Attorneys

California Domestic Partnership Laws

Provisions governing California domestic partnerships can be found in the California Family Code. A domestic partnership is established when two parties meet certain criteria as specified by these laws.

How Can I Form a Registered Domestic Partnership in California?

To form a registered domestic partnership, each individual needs to file a Declaration of Domestic Partnership and fulfill the following criteria:

• Both individuals are 18 years old (some exceptions are allowed)
• The individuals cannot be blood related
• Both individuals cannot be married or in another domestic partnership
• Both individuals must consent to the domestic partnership
• Both are members of the same sex or one or both is/are eligible for Social Security benefits and over *62 years old (this has been updated – see below)

*Governor Newsom signed a bill on July 30, 2019 redefining who is eligible for a registered domestic partnership, allowing opposite-sex couples under the age of 62 the option to form such a partnership. This new law was put into effect on January 1, 2020.

How Can I Terminate a Registered Domestic Partnership in California?

A domestic partnership can also be terminated under certain conditions. All these conditions are set forth in the California Family Code and must be met or the domestic partnership will be terminated through proceedings in California Superior Court.

California Domestic Partnerships & Same-Sex Marriages

The California Supreme Court issued a major decision on May 15, 2008 regarding same-sex marriages, which did not invalidate or change any of the California Family Code statutes related to registered domestic partners.

• Registered domestic partnerships will continue to be active on California’s domestic partnership registry. 
• The California Secretary of State will continue to process domestic partnership-related filings as permitted by the domestic partnership law.

If you have questions about how the California Supreme Court’s decision may apply to your circumstances, contact us online.

How Domestic Partnership Separations Work

A domestic partnership separation is treated just like a typical divorce. However, regardless of the situation, you should find an experienced attorney who has helped people with their child support, child custody, visitation, and/or property division case.

Do Registered Domestic Partners Have the Same Legal Rights as Spouses in California?

California law states that Registered Domestic Partners have many of the same rights as spouses. These rights include:

• The ability to add a partner to state-administered health insurance benefits
• The right to inheritance, should one partner die
• The ability to raise a child born during the partnership
• The ability to adopt a child born before the partnership
• The right to own community property
• The ability to take their domestic partner’s last name or combine their last names