What Is A Domestic Partnership?
Pursuant to Section 297 of the California Family Code, domestic partners are "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring."
In order to establish a domestic partnership, both persons must file a Declaration of Domestic Partnership with the Secretary of State and must meet the following requirements:
- Both persons have a common residence
- Neither person is married to someone else or is a member of a domestic partnership.
- The two persons are not related by blood in any way that would prevent them from getting married in California.
- Either both persons are members of the same sex, or one or both persons are over the age of 62.
- Both persons are at least 18 years of age.
- Both persons are capable of consenting to the domestic partnership.
Rights of a Domestic Partnership in Divorce
Pursuant to section 297.5 of the California Family Code, persons who are registered as domestic partners shall have the same rights, protections, benefits, and the same obligations as those granted to and imposed upon spouses.
This means that statutes that are applicable regarding child support, child visitation, child custody, property division, etc. that affect married couples are also applicable to domestic partners.
If you or a loved one is seeking to terminate your domestic partnership, please contact our Rancho Cucamonga family law attorneys to discuss your options.