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SameSexRights
Professional Legal Services Provided by:
SCOTT H. LINDEN P: (818) 968-6165
Proud Members of
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ABOUT DOMESTIC PARTNERSHIPSWhile Same Sex Marriage is no longer legal in California,
there is an another option; getting a
Domestic Partnership Agreement. How
do I register a domestic partnership with the State of If you and your partner
are of the same sex, or if you and your partner are opposite sexes and one
partner is at least 62 years old, then you may be eligible to register a
domestic partnership with the Secretary of State. You may register by completing
a Declaration
of Domestic Partnership, having both partners' signatures notarized,
and submitting it with the appropriate fee to the Secretary of State. The eligibility criteria
for registration of a domestic partnership was set by the California State
Legislature and signed by the Governor in 1999. During the legislative process,
eligibility of opposite sex couples was limited to senior citizens. This agency
has no authority to change the criteria set by the legislature. No. The common residency
requirement does not require that both of your names be on the lease or title to
the home you share (see Family Code section
297(c)). We
are a same-sex couple and want to get married in No. No. The law says that you
and your partner are considered to have a shared residence even if one of you
leaves that home for a period of time, so long as that partner intends to return
to the home (see Family Code section
297(c)). No. You must be
registered with How
do you terminate a registered domestic partnership? Beginning January 1,
2005, in many circumstances, domestic partnerships may only be terminated by
initiating a dissolution proceeding in the Superior Court. In circumstances
where a domestic partnership meets all the requirements listed in Family Code section
299(a), the domestic partnership may be terminated by filing a Notice
of Termination of Domestic Partnership with the California Secretary
of State. If you have more questions about terminating a domestic partnership,
you should consult with an attorney. Many of the rights,
protections, benefits, responsibilities, obligations and duties under law are
provided for in the Family Code beginning with section
297.5. However, specific rights and responsibilities are not listed
in those provisions of the Code. You may wish to consult with an attorney to
assist you with your questions and additional rights. Other than changing your
names at the time of registration, there is no provision in the law to change
the name of a domestic partner as it appears in the Domestic Partners Registry.
We suggest keeping copies of name change documents with your copy of your
Declaration of Domestic Partnership. Beginning
January 1, 2008, one or both partners may change their middle or last names on
the Declaration of Domestic Partnership form. Information concerning these name
changes can be found in Family Code section
298.
Are
the names and addresses in the Domestic Partners Registry considered to be
public information? The Family Code and/or
Government Code do not specify that the information in the Registry is
confidential; therefore, the information contained in the Registry is public
information. We do not have this information available on-line; however, we do
provide it upon request both over the phone and by written request. Do
you need to be a There is no If you determine you and
your partner are eligible to file a Declaration of Domestic Partnership, you can
complete the Declaration
of Domestic Partnership on-line, print it and have your signatures
notarized. A notary in any state can notarize your signatures. If the notary
cannot use the preprinted acknowledgment form, the notary can complete a
loose-leaf certificate and attach it to the declaration. You can then mail it to
this office with the appropriate filing fee. What
are the financial or medical benefits of registering for the Domestic Partners
Registry? The rights and benefits
for domestic partners can be found in the Family Code beginning with section
297. However, specific benefits are not listed in that Division of
the Code, therefore you may wish to contact an attorney to assist you with your
specific questions to ensure you receive accurate information pertaining to your
circumstances. Do
we have to re-register every time the laws affecting domestic partnerships
change? We cannot say what the Legislature will do in the future, but they have not required partners to re-register for past changes in the law. The Legislature has automatically applied previous changes in the law to all existing domestic partnerships. When significant changes have been made, the Legislature has instructed the Secretary of State to send notices to all registered domestic partners regarding the changes. In case that happens in the future, you should keep your mailing address current with the Secretary of State. Please click here to update your mailing address.
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Copyright © 2009 Rev. Scott H. Linden
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