If you're considering establishing a domestic partnership in California, you might have a lot of questions about the process and what it involves. You're not alone in this journey. Domestic partnerships can be a meaningful way to formalize your relationship and secure legal rights similar to those of marriage. Let’s walk through what it takes to make this happen in California.
What Is a Domestic Partnership?
A domestic partnership is a legally recognized relationship between two individuals who meet specific eligibility criteria. This status grants couples many of the same legal benefits as marriage, such as healthcare decision-making rights and access to family health insurance.
Who’s Eligible for a Domestic Partnership?
To establish a domestic partnership in California, both partners must meet these requirements:
- Be at least 18 years old.
- Not be currently married or in another domestic partnership.
- Not be closely related by blood (similar to marriage restrictions).
- Be capable of consenting to the partnership.
- At least one partner must be a California resident.
If you can check off all these boxes, you’re ready for the next steps!
Step 1: Meeting the Requirements
Before diving into paperwork, ensure you gather the necessary documentation. This includes proof of identity and residency, such as a driver’s license or utility bill. It’s always a good idea to double-check with your local County Clerk's office for any additional requirements.
Step 2: Completing the Declaration of Domestic Partnership
The official process begins with filling out the Declaration of Domestic Partnership form. This document is available on the California Secretary of State’s website. You’ll need to provide basic information about yourself and your partner, including full names, addresses, and signatures.
Step 3: Getting Your Form Notarized
Once the form is complete, both partners need to sign it in front of a notary public. This step ensures the validity of your signatures. Keep in mind, notarization may come with a small fee, so plan accordingly.
Step 4: Filing Your Declaration
Where to File
After notarization, the completed form must be submitted to the appropriate office. You have two options:
- By Mail: Send your form to the California Secretary of State’s office in Sacramento.
- In Person: Visit your local County Clerk's office or one of the Secretary of State's regional offices, such as the one in Los Angeles.
Filing Fees
- Under 62: $33
- 62 or Older: $10
- Special Handling Fee (for in-person filing): $15
Each filing method has its pros and cons. In-person filing typically ensures faster processing but may require scheduling an appointment. Mailing your form is more convenient but might take longer to process.
Step 5: Processing Time
Processing times vary depending on your filing method and current demand. Typically:
- By Mail: Allow 4–6 weeks for processing.
- In Person: Processing can take as little as a few days.
Keep in mind that these are only estimates. Backlogs or unexpected delays can occur, so it’s a good idea to submit your application well in advance if you have a specific timeline in mind.
Step 6: Receiving Your Certificate
Once your application is processed, you’ll receive a Certificate of Registered Domestic Partnership in the mail. This document serves as proof of your partnership and opens the door to the legal rights and responsibilities that come with it.
What Rights Does a Domestic Partnership Provide?
Domestic partnerships grant couples rights such as:
- Hospital visitation and healthcare decision-making authority.
- Joint property ownership rights.
- Access to family health insurance coverage.
These rights can vary, so it’s wise to consult with a family law professional to understand how they apply to your specific situation.
Have Questions About Domestic Partnerships? We Can Help
The process of establishing a domestic partnership might seem straightforward, but there are always unique circumstances and questions that come up along the way. At Holstrom, Block & Parke, APLC, our team is here to guide you every step of the way.
With over 300 years of combined experience, our Certified Family Law Specialists* have helped countless couples formalize their domestic partnerships. Contact us today to schedule a consultation. Let’s make sure your partnership is recognized and protected under California law.
Call us at 855-426-9111 or visit https://hbplaw.com/