Will the California Supreme Court decision issued on May 15, 2008, regarding same-sex marriages in California affect my registered domestic partnership?
The Court's decision regarding same-sex marriages did not invalidate or change any of the Family Code statutes relating to registered domestic partners. Until a Notice of Termination is filed with our office, a registered domestic partnership will remain active on California's Domestic Partnership Registry. This office will continue to process Declarations of Domestic Partnership, Notices of Termination of Domestic Partnership and other related filings as permitted by the domestic partnership law. If you have specific questions about how the Supreme Court's decision may apply to your individual circumstances, you should consult with a private attorney.
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How do I register a domestic partnership with the State of California?
If you and your partner are of the same sex, or if you and your partner are opposite sexes and one partner is at least 62 years old, then you may be eligible to register a domestic partnership with the Secretary of State. You may register by completing a Declaration of Domestic Partnership, having both partners' signatures notarized, and submitting it with the appropriate fee to the Secretary of State.
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Why can only same sex couples or opposite sex couples in which at least one partner is at least 62 years of age register as domestic partners?
The eligibility criteria for registration of a domestic partnership was set by the California State Legislature and signed by the Governor in 1999. During the legislative process, eligibility of opposite sex couples was limited to senior citizens. This agency has no authroity to change the criteria set by the legislature.
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Do we have to re-register every time the laws affecting domestic partnerships change?
We cannot say what the Legislature will do in the future, but they have not required partners to re-register for past changes in the law. The Legislature has automatically applied previous changes in the law to all existing domestic partnerships. When significant changes have been made, the Legislature has instructed the Secretary of State to send notices to all registered domestic partners regarding the changes. In case that happens in the future, you should keep your mailing address current with the Secretary of State. Please
click here to update your mailing address.
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Does the common residency requirement mean that both of our names have to be on the lease or title to the home we share?
No. The common residency requirement does not require that both of your names be on the lease or title to the home you share (see Family Code section 297(c)).
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I've been given a temporary work assignment at my job that requires me to move to another city for several months. Does that mean my partner and I don't meet the requirement that we share the same residence?
No. The law says that you and your partner are considered to have a shared residence even if one of you leaves that home for a period of time, so long as that partner intends to return to the home (see Family Code section 297(c)).
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My partner and I are registered as domestic partners with the city in which we reside. Do we have the same rights as partners registered with the State?
No. You must be registered with California's statewide registry in order to be eligible for the rights and responsibilities of domestic partnerships under California law. You may find the Declaration of Domestic Partnership on-line. After completing the declaration on-line, print, sign and have both partners' signatures notarized. You may hand carry the declaration and filing fee to any of the Secretary of State's offices, which are located in Sacramento, San Francisco, Los Angeles, San Diego, or Fresno, or mail it with the appropriate filing fee to the Secretary of State at the address provided on the declaration.
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How do you terminate a registered domestic partnership?
Beginning January 1, 2005, in many circumstances, domestic partnerships may only be terminated by initiating a dissolution proceeding in the Superior Court. In circumstances where a domestic partnership meets all the requirements listed in Family Code section 299(a), the domestic partnership may be terminated by filing a Notice of Termination of Domestic Partnership with the California Secretary of State. If you have more questions about terminating a domestic partnership, you should consult with an attorney.
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Where can I find all the additional rights and responsibilities of registered domestic partners that have been effective since January 1, 2005?
Many of the rights, protections, benefits, responsibilities, obligations and duties under law are provided for in the Family Code beginning with section 297.5. However, specific rights and responsibilities are not listed in those provisions of the Code. You may wish to consult with an attorney to assist you with your questions and additional rights.
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My partner and I have already registered our domestic partnership with the Secretary of State. We both have since legally changed our names. What do we need to do to have these changes reflected with our domestic partnership with the State?
Other than changing your names at the time of registration, there is no provision in the law to change the name of a domestic partner as it appears in the Domestic Partners Registry. We suggest keeping copies of name change documents with your copy of your Declaration of Domestic Partnership.
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My partner and I plan to register our domestic partnership with the Secretary of State in the near future and would like to change our names. How can we do this?
Beginning January 1, 2008, one or both partners may change their middle or last names on the Declaration of Domestic Partnership form. Information concerning these name changes can be found in Family Code section 298.
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Are the names and addresses in the Domestic Partners Registry considered to be public information?
The Family Code and/or Government Code do not specify that the information in the Registry is confidential; therefore, the information contained in the Registry is public information. We do not have this information available on-line; however, we do provide it upon request both over the phone and by written request.
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Do you need to be a California resident to register as domestic partners?
There is no California residency requirement in the law. The requirements to file a domestic partnership can be found in the Family Code beginning with section 297(b).
If you determine you and your partner are eligible to file a Declaration of Domestic Partnership, you can complete the Declaration of Domestic Partnership on-line, print it and have your signatures notarized. A notary in any state can notarize your signatures. If the notary cannot use the preprinted acknowledgment form, the notary can complete a loose-leaf certificate and attach it to the declaration. You can then mail it to this office with the appropriate filing fee.
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What are the financial or medical benefits of registering for the Domestic Partners Registry?
The rights and benefits for domestic partners can be found in the Family Code beginning with section 297. However, specific benefits are not listed in that Division of the Code, therefore you may wish to contact an attorney to assist you with your specific questions to ensure you receive accurate information pertaining to your circumstances.
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