California Domestic Partnerships
In 2004, California passed Assembly Bill 205, namely the California Domestic Partner Rights and Responsibilities Act (DPRRA) . It went into effect on January 1, 2005. The DPRRA gives registered same sex or senior domestic partners the legal rights, benefits and protections as a spouse of the opposite sex. Under this law, they are also held accountable for the same obligations, duties and responsibilities.
To register a domestic partnership in California, a couple must meet certain requirements which include:
- The couple must either be of the same sex or one partner must be at least 62 years of age.
- Both partners must be at least 18 years old, able to consent, and unrelated.
- A declaration must be filed with the Secretary of State.
- Both partners must declare the same residence.
- Neither partner may be married or in another domestic partnership.
In the eyes of the law, a domestic partnership gives both partners the same rights as if they were married. These rights may include:
- Ability to obtain health insurance through their partners' employer
- Right to visit their partner in the hospital and make certain health care decisions
- Ability to sue for wrongful death
- Step-parent adoption rights
- Right to seek alimony if the partnership is dissolved.
As with a marriage, sometimes a domestic partnership does not work out and the two people involved wish to end the relationship. A domestic partnership may be dissolved when a Notice of Termination of Domestic Partnership is filed with the Secretary of State. If neither party files a Revocation of Notice of Termination of Domestic Partnership within six months, the domestic partnership will be terminated. For a free consultation contact our San Jose family law attorneys at 1-888-877-2905.
