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Same-sex couples in California may want to apply for domestic-partnership status. By registering as domestic partners, couples are entitled to all the rights and protections of state law. To qualify for this special status, couples must meet certain conditions. If you want to learn how to file for a domestic partnership in California, follow these guidelines.
Steps
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1Determine whether you and your partner meet the basic requirements to qualify for domestic-partnership status. Certain conditions must be met before a couple can formally apply for California domestic partnership with the Secretary of State' office. Requirements include:[1]
- Partners must be the same sex, or at least 1 person in an opposite-sex domestic partnership must be at least 62 years old at the time of filing.[2]
- Both people must be at least 18 years old.
- The partners must have a common residence. The primary residence doesn't have to be jointly owned. One or both have own other homes, however.
- Neither partner may be married to or in a concurrent domestic partnership with another person.
- Partners cannot be related by blood.
- Both people must be mentally capable of consenting to the partnership.
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2Complete the application process as set forth by the California Secretary of State's office.Advertisement
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3Download the Declaration of Domestic Partnership form (NP/SF DP-1) from the secretary of state's website at www.sos.ca.gov.[3]
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4Print and fill out the application. Incomplete forms will delay approval of your status.
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5Have both partners' signatures notarized.
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6Send the notarized application to the secretary of state's office by mail with payment for the appropriate fee. Applications also can be delivered in person at the main office in Sacramento or the regional branch in Los Angeles.[4]
- After you have filed your application, you will receive a Certificate of Registration of Domestic Partnership and an important brochure that outlines your rights with a domestic partnership.
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7Pay the fees associated with your particular form of domestic partnership.[5]Advertisement
Community Q&A
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QuestionHow much does a domestic partnership cost?
Tom De BackerTop AnswererThe California State website has lots of information on this topic, including a link to download the form, how and where to file and what it will cost. As of June 2017, that filing fee is $33. -
QuestionHow does one partner change their last name?
Community AnswerIt is allowed under California Law. There may be a different form to fill out, but it should be part of the domestic partnership process. -
QuestionWhat should we do if my partner and I are under 62, but we still want to file?
Community AnswerIf you are same sex, then you can file once you're over 18. If you're a heterosexual couple, then you will have to wait until at least one of you turns 62. -
QuestionHow long after filing do I receive my certificate?
Community AnswerIt usually takes about 2-3 weeks. If you still haven't received your certificate by then, call your secretary of state's office. -
QuestionCan you get a certificate of Domestic Partnership same day if you deliver it in person?
Andrew SerranoTop AnswererThere are some smaller courts where you may be able to get this done; however, if this is a necessity, you will need to contact the court and see if this is a possibility. Some counties will have one main records office that will be able to do same-day requests, but be prepared to wait a long time and have a rush fee added to it. -
QuestionCan same-sex partners for over 41 years, both over 66, file for domestic partnership?Community AnswerYes, as long as they meet the other requirements listed in Step 1.
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QuestionCan we file for domestic partnership if we have been living together for over 10 years and we are under the age of 65?Community AnswerYes, you can file for domestic partnership under your circumstances. You will have to answer some questions about your living situations and such, but you should be able to file for it.
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QuestionHow can I get a copy of my certificate if I have misplaced it?Community AnswerGo to the courthouse and ask for one.
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QuestionDo I have to change my last name when filing a domestic partnership?Community AnswerNo. There is no law requiring that you change your name. It's entirely your choice whether or not to do that.
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QuestionWhat happens to the domestic partnership status if one partner dies?
NicoCommunity AnswerThe surviving domestic partner is entitled to a percentage of the estate of the deceased partner. If one of the partners dies without leaving a will, the surviving partner is entitled to 50% to 100% of the deceased partner's assets.
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References
- ↑ https://www.sos.ca.gov/registries/domestic-partners-registry/frequently-asked-questions/
- ↑ https://www.forbes.com/sites/beltway/2014/06/05/are-domestic-partnerships-a-way-for-heterosexual-couples-to-avoid-the-marriage-tax-penalty/#268fb19c4d43
- ↑ https://dp.cdn.sos.ca.gov/forms/dp1.pdf
- ↑ https://www.ca.gov/agency/?item=Secretary-of-State
- ↑ https://www.sos.ca.gov/registries/domestic-partners-registry/forms-fees/
- http://www.sos.ca.gov/dpregistry/
- http://www.sos.ca.gov/dpregistry/forms.htm
- http://www.sos.ca.gov/dpregistry/forms.htm#forms
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