Domestic Partnership

In California

California is one of the few states in the country that offers domestic partnerships to same-sex couples. This system allows same-sex couples to receive legal protections for their relationships similar to those that opposite-sex couples receive when they marry. In 2005, the state legislature expanded the system to include many additional benefits and responsibilities.

Benefits and Rights of Domestic Partnership

The rights that are afforded to couples registered as domestic partners mimic many of those of married couples. They include rights regarding property ownership, employee benefits, and unemployment benefits. It also aids domestic partners in the event of illness, injury or death. Domestic partners have the right to hospital visitation, to make medical decisions if your partner becomes incapacitated, and to sue for wrongful death of your partner.

Not Quite Marriage

California’s domestic partnership system does not grant all the rights and responsibilities of marriage. Family-related Social Security benefits as well as federal income and estate tax breaks are off limits to same sex couples. Also, if you are in a domestic partnership and are injured in another state that does not recognize domestic partnerships; your right to hospital visitation will not be extended.

Filing

Both filing for and terminating a domestic partnership and fairly simple procedures. To get a domestic partnership both parties must fill and sign out a form, have that form notarized, and either mail it to the Secretary of State’s office in Sacramento or deliver it in person to one of the offices in San Diego, Los Angeles, Fresno, San Francisco, or Sacramento. The filing fee is $10.

If you are considering terminating your domestic partnership, the division of assets and provision of support will be treated as with dissolving a marriage. This means an equal split of property purchased after receiving the domestic partnership.

Speak with a San Jose Domestic Partnership Termination Lawyer

Contact San Jose domestic partnership termination lawyer Daniel Jensen at 408-296-4100 today.