Family Law Representation from Scott Mitchell Law Incorporated
Domestic partnerships are state-wide recognized partnerships that offer similar benefits that married couples receive under California law. You can be a part of a domestic partnership if you have lived with an individual, either same-sex or not, for an extended period of time and share a romantic relationship with. In California, domestic partnerships are the only form of recognized cohabitation for same-sex couples.
Benefits that may be provided to couples include:
- Rights
- Protections under the law
- Responsibilities/obligations
All of these benefits would be the same as a heterosexual couple.In fact, the state of California was one of the first states to enact a state-wide recognized same-sex partnership in 1999. If you and your spouse are considering registering your partnership or you have fallen on hard times and are considering dissolving your partnership, do not hesitate to contact Scott Mitchell Law Incorporated right away.
Registering Your Partnership
If you are a same-sex couple looking to register your domestic partnership or a heterosexual couple looking to receive the benefits that a married couple would receive in California, you can register a domestic partnership. In order to be eligible, both partners must be at least 18, be of opposite sex or be of the same sex with a long-term live-in romantic relationship or one couple must be at least 62 years old. Some couples may choose to have a commitment ceremony for their family and friends to seal their union in a similar fashion that a marriage might.
As long as the registering partners are at least 18 years old, they may obtain a court order granting permission to legally establish the union. California Family Code Section 297 outlines the laws regarding partnerships and requires all applicants to complete a Declaration of Domestic Partnership Form NP/SF DP-1. Both signatures must be on the paperwork and the application fee must be paid to the California Secretary of State.
Dissolving Your Partnership
In some cases, domestic partnerships must be dissolved. Because these partnerships are not recognized as marriages in California, the termination of a partnership will not follow the same laws as a divorce might. In the event that a separation must take place, it is highly recommended that you retain the representation of a dedicated family law attorney to assist you throughout the legal process.
When a partnership is terminated, the couples will return to un-partnered status and no be protected under California laws, rights and benefits that are required of domestic partners. Immediately effective on the date of termination, the partnership will be dissolved. Some common causes for concern in terminating or dissolving a partnership include community property distribution and palimony (similar to alimony.) If you and your partner are separating, you may be able to work with an attorney from Scott Mitchell Law Incorporated to determine the finalizations of the partnership.
Working with Scott Mitchell Law Incorporated
When you are looking to make a life-changing decision in your life regarding a domestic partnership, you need to turn to a trusted Modesto family law attorney. At Scott Mitchell Law Incorporated, our team stands ready to provide you and your partner with relevant and informational assistance that can help you reach a favorable solution in a short period of time.
The team of dedicated lawyers has nearly a decade of experience in providing amicable resolutions to clients throughout the Modesto area and may be able to help you as well. If you have questions or concerns regarding your particular situation and how working with our team may assist you and your case, contact Scott Mitchell Law Incorporated today and schedule a free case evaluation as soon as possible.