The California Domestic Partner Rights and Responsibilities Act of 2003 which became effective on January 1, 2005, grants registered domestic partners the same rights, protections, and benefits as married persons in California.  It also imposes upon them the same duties, obligations and responsibilities that are imposed upon married persons in California.

To avail themselves of the benefits of this Act, both persons in a same-sex relationship must file a Declaration of Domestic Partnership with the Secretary of State and meet certain statutorily defined requirements.  Fuller Jenkins welcomes the opportunity to discuss whether or not you meet the requirements to establish a registered domestic partnership.  We will also discuss the benefits and disadvantages of doing so. 

Current federal law prohibits the federal government from recognizing marriages of same-sex couples for the purposes of many federal rights and benefits given to married heterosexual couples in areas such as federal income taxation, social security benefits, and insurance. Although following the passage of Proposition 8,  California does not currently allow same sex marriage, there are states where same sex marriage is allowed.  Same-sex couples who get married in those states may face substantial legal troubles if they are in the Armed Forces because of the “Don’t Ask, Don’t Tell” policy. 

If you are currently in a registered domestic partnership and are contemplating dissolution, certain steps must be taken. Beginning January 1, 2005, registered domestic partnership status may be terminated (other than by death of one of the partners) only as specified in California’s Family Code.   In many cases, a court proceeding will be required and will proceed under the same set of laws that apply to dissolutions of marriages.

Some domestic partnerships may be terminated without the need for a formal court dissolution proceeding  by filing a Notice of Termination of Domestic Partnership with the Secretary of State. Persons in a  registered domestic partnership are eligible for termination by way of this summary procedure only if certain conditions exist at the time the partners file the Notice of Termination of Domestic Partnership.

If you are in a same-sex relationship and are contemplating marriage, Fuller Jenkins will give you advice regarding marriage as opposed to non-marital cohabitation  or registered domestic partnership status.  We will also address the unique legal issues you will encounter because of the federal government’s unwillingness to recognize same-sex marriages.  If you have come to this web site because you are contemplating ending a same sex partnership, Fuller Jenkins will walk you through the steps necessary to complete that process.