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Same-gender 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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Determine 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] X Research source
- Partners must be the same gender, or at least 1 person in an opposite-gender domestic partnership must be at least 62 years old at the time of filing. [2] X Research source
- If you have romantic feelings for a friend of the same gender but are unsure about their sexuality, you can have general discussions about sexuality and desire. [3] X Research source
- It will make them aware that you are interested in same-gender relationships. You can also get an idea of their interests.
- Even after such conversations, if you do not get to know whether they are attracted to you, be honest and let them know about your interest.
- 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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Complete the application process as set forth by the California Secretary of State's office.Advertisement
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Download the Declaration of Domestic Partnership form (NP/SF DP-1) from the secretary of state's website at www.sos.ca.gov. [4] X Research source
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Print and fill out the application. Incomplete forms will delay approval of your status.
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Have both partners' signatures notarized.
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Send 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. [5] X Trustworthy Source State of California Official website for the State of California Go to source
- 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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Pay the fees associated with your particular form of domestic partnership. [6] X Research source
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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.
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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.
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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.
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Tips
- In the event of the passage of significant legislation affecting domestic partnership, the Secretary of State's office will contact all people on the Domestic Partnership Registry and explain the impact of the new law.Thanks
- Understand the scope of domestic-partnership laws. Laws that protect traditional couples also apply to domestic partners, including survivor's rights. Like married heterosexual unions, domestic partnerships can be dissolved. To end a California domestic partnership, a couple must complete form NP/SF DP-2, Notice of Termination of Domestic Partnership. If all the requirements of the California Family Code are met, the office can terminate the partnership 6 months after the application is filed. Otherwise, issues surrounding the dissolution of the partnership must be adjudicated in California Superior Court.Thanks
- Hand-delivered applications are subject to an additional processing fee. Both offices accept payments by check, money order or credit card. The Sacramento office also accepts cash. The Los Angeles branch does not.Thanks
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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://www.plannedparenthood.org/learn/sexual-orientation/sexual-orientation/how-do-i-know-my-sexual-orientation
- ↑ 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/
- https://www.sos.ca.gov/registries/domestic-partners-registry
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