In January 2002, a new law came into effect that was approved by the California legislature and signed by then Governor Gray Davis to expand the rights of couples who register as domestic partners. Domestic partnership is a legal status that has been in place since 2000 when California became the first registry created by a legislature without being forced to do so by a court. It started with a provision to grant only hospital visitation rights but this gradually expanded until today when the law offers domestic partnerships nearly all of the legal rights and responsibilities of marriage.

A couple that wishes to register as a domestic partnership must the following conditions:

• Both persons have a common residence;
• Neither person is married to someone else or in another domestic relationship that has not been terminated, dissolved or annulled;
• The two persons are not related by blood in a way that would prevent them from being married to each other in California;
• Both persons are at least 18 years of age;
• Both are members of the same sex
  - or -
  The partners are members of the opposite sex, one or both of 
  whom is above the age of 62, and one or both of whom meet 
  specified eligibility requirements under the Social Security Act; 
• Both persons are capable on consenting to the domestic partnership;

If you meet these conditions then registration as a domestic partnership is fairly easy. You simply sign a declaration, list your names and addresses, get the form notarized and send it along with $10.00 to any of the California Secretary of State’s offices located in San Diego, Los Angeles, Fresno, San Francisco, and Sacramento. If you want to register in person there is a $15.00 handling fee in addition to the registration fee.

To end or terminate a domestic partnership you will need to file a notice of termination with the California Secretary of State that is signed by both parties and indicates that there are no children in the relationship, that the partnership is less than five years, that there is no shared property, that there are no unpaid obligations, and that both parties have agreed to a mutual settling of all accounts and desire the partnership to be terminated.

If any of these conditions do not apply or if there are other circumstances to consider it may be necessary to start a court action that is similar to an action to get a divorce from marriage. In any case it is advisable to get legal counsel from a qualified attorney before entering into or terminating a domestic partnership.

If you have questions or need legal advice about domestic partnerships in California, please contact us online or call us at 1-800-221-9847.

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