San Jose Divorce Lawyer
Eligibility for Domestic Partnership
A California domestic partnership is not open to any couple that wants to live together. Determining eligibility, fortunately, is rather straight forward. There are a couple of requirements that need to be met but they are not necessarily difficult standards.
The current requirements for a couple that wishes to register as a domestic partnership are:
- Both persons must have a common residence
- Neither person can be married to another individual or part of another domestic partnership that has not been terminated, dissolved, or adjudged a nullity
- The couple must not be related by blood in a way what would prevent them from being married to each other in California
- Both people must be at least 18 years old
- The people in the couple must be either members of the same sex or members of the opposite sex one of whom is above the age of 62
- Both persons must be capable of consenting to the domestic partnership
A legal union of a same-sex couple that was performed validly in another jurisdiction which is substantially equivalent to a California domestic partnership will be recognized as such in California. Civil unions performed in Vermont, Connecticut, and New Jersey most likely qualify as domestic partnerships in California.
In some cases, valid same-sex marriages performed in a state that recognizes the union, like Massachusetts, is not recognized in California as a domestic partnership. The pending judicial review of Proposition 8 will determine if same-sex marriage will be allowed in California.
Contact a San Jose Family Lawyer
To learn more about eligibility for domestic partnerships or the legal challenges to proposition 8, contact the San Jose family lawyers of the Law Office of Daniel Jensen at 408-296-4100.
