California domestic partnerships: A complete guide

Today, registered domestic partners in California enjoy almost identical rights and responsibilities to those you'd find with a married couple. Still, the differences between domestic partnership and marriage are as nuanced as they are personal, and making the right choice can be a challenge.

To help, we've put together a breakdown of California domestic partnerships, how they're formed, how they're dissolved, and how they differ from "traditional" marriage.

A brief history of domestic partnerships in California

California's domestic partnership program has undergone several changes since it began in 1999. These changes came from a number of sources, from legal struggles in the country's highest courts to local, passionate activism. Today, California citizens who choose a domestic partnership enjoy broad benefits that closely mirror those of married couples. Here are some of the events that made it possible:

1999: On July 7, 1999, the California Senate Judiciary Committee passed Assembly Bill 26, which looked to define domestic partnerships within the state and provide benefits to those within such relationships. Though narrower in scope, this version of the bill provided hospital visitation and health benefits. Importantly, this bill made California the first state to recognize domestic partnerships for same-sex couples.

2003: A few years later, the California Domestic Partner Rights and Responsibilities Act passed, giving couples in domestic partnerships essentially the same rights as married couples. Beyond the rights established in 1999, this included property rights, parental rights, and a more formalized process for dissolving a domestic partnership. This version of the act was so similar to marriage that many people considered it a way to legalize same-sex marriage under another name.

2008: The new and highly controversial Proposition 8 meant a temporary ban on same-sex marriage in California, drawing widespread outrage and an upswing in registered domestic partnerships across the state.

2013: After years of sustained activism in California and the nation as a whole, the U.S. Supreme Court dismissed an appeal to Proposition 8, effectively legalizing same-sex marriage in California once more. Even so, domestic partnerships remained a popular option for many couples throughout the state.

2020: California Senate Bill 30 was passed more recently, signaling a dramatic change in the state's domestic partnership laws. While such partnerships were previously reserved for same-sex couples and opposite-sex couples above the age of 62, this new bill removed the age restriction entirely. Today, any couple that meets the basic requirements can register a domestic partnership.

How to register for a California domestic partnership

Complicated though it may have been in years past, the process of registering for a domestic partnership in California is surprisingly easy today, consisting of only a few steps.

Check eligibility

Before investing any time or energy into domestic partnership paperwork, it's best to double-check that you and your partner meet the state's eligibility requirements. To enter a domestic partnership in California, both partners must be 18 or older (barring a few niche exceptions), live with one another in a common residence, not be related by blood, and not be married or part of another official domestic partnership.

Obtain your Declaration of Domestic Partnership form

Though nobody enjoys paperwork, the forms required for a domestic partnership in California are relatively straightforward. Simply head to the California Secretary of State's official website and download Form NP/SF DP-1, also known as the California Declaration of Domestic Partnership.

Alternatively, you may be able to pick up a physical copy from your county clerk's office, though availability can vary by location.

Complete and notarize the form

Once you have your Declaration of Domestic Partnership, both partners will need to provide certain information to verify they meet the state's eligibility requirements, including:

1. Both partners' names
2. Addresses
3. Birth information
4. Details of previous domestic partnerships or marriages
5. Declarations of eligibility
6. Date and signature

Also, make sure to have your completed declaration notarized in order to validate your signatures.

Notaries can typically be found at a bank, local legal office, or by hiring a certified notary public.

Submit the form and pay the fee

Couples have two choices for how to submit their completed and notarized form: mailing it to the California Secretary of State or submitting it in person at a regional office. Keep in mind that there is a filing fee, which varies depending on whether one or both partners are seniors.

For a couple where both partners are below 62 years old, the fee is $33. For couples where one or both partners are above 62 years old, the fee is $10. There is also a $15 special handling fee for couples who choose to submit their form in person.

Wait for processing

After submission, your declaration will need to be processed by the California Secretary of State. The processing time can vary depending on how many applications they've received, so it's best to submit your form well before you need the benefits a domestic partnership offers.

Thankfully, California's Secretary of State website shows which forms the department is currently processing, based on date, so you can track the progress of your submission there.

Receive your Certificate of Registered Domestic Partnership

Once your declaration has been fully processed (hopefully without too much delay), you'll receive an official certificate by mail confirming that your California domestic partnership has been registered. Congratulations!

Update personal documents

After you and your partner have finished celebrating, make sure to update your personal information. Forms to consider updating include your employee files at work, insurance provider documents, estate plans, and state tax withholding statuses.

Rights and benefits of domestic partners

Under California law, domestic partnerships offer many of the same benefits and rights that you would gain once married, including:

Health insurance

Couples in a domestic partnership are entitled to a family health insurance plan and may be eligible for coverage with either partner's employer-based health insurance.

Parental rights

Domestic partnerships and marriages offer essentially identical rights and guidelines regarding adoption, child custody, and child visitation.

Inheritance rights

Similar to how married couples can leave each other inheritances in the case of either spouse's death, domestic partners will inherit their partner's assets by default if that partner did not have a will.

Medical decision-making

Members of a domestic partnership have the right to make medical decisions for their incapacitated partner.

State tax benefits

California allows domestic partners to file state income taxes jointly and reap the financial benefits of doing so. Keep in mind, however, that this does not affect federal taxes.

Community property

Just like they would in a marriage, assets, and income acquired while married are considered community property in California. In the event of a separation or dissolution of the domestic partnership, such property would be divided equally between the partners.

Domestic partnership law also allows for its own version of a prenuptial agreement, often called a pre-partnership agreement, which can dictate how assets should be divided if the partnership is dissolved.

How to dissolve a domestic partnership in California

Dissolving a domestic partnership in California involves several steps, similar to the divorce process for married couples. Here’s a step-by-step guide to help you navigate the process:

Determine eligibility

Just like you must be eligible to register a domestic partnership, you also must be eligible to dissolve one. Specifically, either you or your partner must have lived in California for the last six months and in the county where you plan to file the dissolution for the three months prior to filing.

Complete Form FL-103 and FL-110

To begin your dissolution, you'll need to fill out Form FL-103 (Petition for Domestic Partnerships) and Form FL-110 (Summons). You may also need to fill out other forms related to property, children, or spousal support, depending on your specific circumstances.

File with the court

Once you have obtained and completed all relevant paperwork, you'll need to file it with the courthouse in the California county where you live. This often involves a filing fee, though you may be able to apply for a waiver.

Serve the papers

After your forms have been accepted by the courts, you'll need to provide copies to your partner, a process known as "serving." This cannot be done personally, so you'll have to use a professional process server, a friend, or a family member. Regardless of which you choose, the person must be over the age of 18.

Wait for a response

Once your partner has been served, they have 30 days to respond to your petition for dissolution. If they agree with the terms or don't respond, the court allows for an "uncontested" dissolution, meaning that the petition moves forward. If they disagree with your terms, however, you may need to negotiate terms or go to trial.

Complete disclosure forms

To finish dissolving a domestic partnership, you and your partner will need to provide information about your assets, income, debts, and overall expenses. This information is used to fairly and justly divide property and determine alimony, if any.

Finalize the dissolution

After you've agreed on terms, disclosed finances, and signed all of the appropriate paperwork, a court will finalize the dissolution of your domestic partnership.

Why a domestic partnership over marriage?

Now that same-sex marriage is legal in California, many couples may wonder why they'd ever choose a domestic partnership instead. Surprisingly, there are several situations in which such a partnership might offer even more benefits.

Personal beliefs: Due to its less traditional, institutionalized nature, a domestic partnership may fit better with some peoples' personal philosophy.

Legal simplicity: Sometimes, you just want to be "married" without getting married. In those cases, domestic partnerships can offer a simpler way of tying your life to your partner.

Finances: Sometimes, domestic partnerships can circumvent many of the financial complications you might encounter with a marriage, such as those regarding pension benefits, Social Security, or estate taxes. This is especially true for older couples who may encounter issues when remarrying.

Health insurance benefits: Though rare, some employers may offer better health insurance benefits for those in a domestic partnership. When it does happen, this is usually done to offset the lack of federal benefits compared to if that same couple were to marry.

Avoiding federal laws: By definition, California domestic partnerships offer benefits and protections at the state level. While this means that you may not enjoy those same benefits federally, it also means that couples can avoid certain federal regulations regarding marriage.

Take the first step

If you're ready to start the exciting process of tying the (other) knot with your partner, consider speaking with a family law specialist first. With years of education and experience navigating California family code, they'll ensure that the process is smooth, fast, and as stress-free as you deserve it to be.

FAQs

How does moving out of California affect a domestic partnership?

By definition, domestic partnerships offer benefits at a state level, not a federal one. That said, many states offer full or partial recognition for domestic partnerships from California. This means that you and your registered domestic partner will enjoy some or all of the benefits of a partnership in that state.

How does California define a domestic partnership?

In the most recent legislation regarding domestic partnerships in California, they are defined as "two adults who have chosen to share one another's lives in an intimate and committed relationship."

What is a ‘confidential’ domestic partnership?

For especially private couples, California allows for a confidential domestic partnership. This is functionally the same as a normal domestic partnership except for the fact that your information will be kept private. Keep in mind that you will still be added to a domestic partners registry, just not the one that is available to the public.

Do I need an attorney to form a domestic partnership?

Although hiring a family law attorney isn't technically required to form a domestic partnership in California, it may be wise if you want to form a prenup or discuss the legal impact of your decision.