Q&A for How to File for a California Domestic Partnership

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  • Question
    How much does a domestic partnership cost?
    Tom De Backer
    Top Answerer
    The 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.
  • Question
    How does one partner change their last name?
    Community Answer
    It is allowed under California Law. There may be a different form to fill out, but it should be part of the domestic partnership process.
  • Question
    What should we do if my partner and I are under 62, but we still want to file?
    Community Answer
    If 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.
  • Question
    How long after filing do I receive my certificate?
    Community Answer
    It usually takes about 2-3 weeks. If you still haven't received your certificate by then, call your secretary of state's office.
  • Question
    Can you get a certificate of Domestic Partnership same day if you deliver it in person?
    Andrew Serrano
    Top Answerer
    There 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.
  • Question
    Can same-sex partners for over 41 years, both over 66, file for domestic partnership?
    Community Answer
    Yes, as long as they meet the other requirements listed in Step 1.
  • Question
    Can we file for domestic partnership if we have been living together for over 10 years and we are under the age of 65?
    Community Answer
    Yes, 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.
  • Question
    How can I get a copy of my certificate if I have misplaced it?
    Community Answer
    Go to the courthouse and ask for one.
  • Question
    What happens if only one signature is notarized and my partner dies before theirs is notarized?
    Maude Katz
    Top Answerer
    If a California domestic partnership Declaration is notarized for only one signature and the other partner dies before their signature is notarized, the partnership is not considered valid. The California Secretary of State recommends completing a new form if circumstances change. The National Notary Association indicates that if all requirements were met before death, the notarization should be completed.
  • Question
    If a domestic partner terminates the relationship, is the other person entitled to anything?
    Community Answer
    In California, if a domestic partnership is terminated, partners may have rights similar to those in a divorce, such as division of property and potential spousal support (also known as partner support). The division typically applies to assets and debts acquired during the partnership. However, cases will vary based on individual circumstances and agreements made during the partnership, so seek legal advice from a qualified attorney specializing in family law to understand your specific rights and obligations.
  • Question
    Does a domestic partnership protect a partner if one becomes incapacitated or enters a coma?
    Maude Katz
    Top Answerer
    Yes, a California domestic partnership provides protection, similar to a marriage, if one partner becomes incapacitated or enters a coma. It allows you to make medical decisions for your partner and inherit their assets.
  • Question
    Can my opposite-sex partner and I, both under 62, file for a domestic partnership in California?
    Maude Katz
    Top Answerer
    In California, opposite-sex couples under 62 can register as domestic partners without waiting to turn 62. California Senate Bill 30, signed into law in 2019, removed the age restriction for opposite-sex couples seeking to establish a domestic partnership. This means any couple meeting the basic requirements can register as domestic partners, regardless of age.
  • Question
    What date is recorded on a domestic partnership certificate: the date of the notary or the date filed?
    Maude Katz
    Top Answerer
    The domestic partnership certificate usually records the date the Affidavit of Domestic Partnership was filed, not the date of the notary. The certificate is completed immediately upon the filing of the signed and notarized affidavit.
  • Question
    How long do I need to be living with my partner in California to file for a domestic partnership?
    Roxie Valencia
    Top Answerer
    There is no specific time requirement. You can file for a domestic partnership just as long as you live with them.
  • Question
    What do I do if I change my mind when filing for a California domestic partnership?
    Roxie Valencia
    Top Answerer
    You can complete and file a new form with the Secretary of State, or if you want to terminate it, you can fill a Notice of Termination of Domestic Partnership.
  • Question
    Who do I make the check out to for a domestic partnership?
    Maude Katz
    Top Answerer
    Make the check payable to the California Secretary of State, Domestic Partners Registry. You can pay the fee by check or money order when submitting your documents by mail.
  • Question
    Is my document still valid if it was dated several years ago?
    Maude Katz
    Top Answerer
    Yes, a California domestic partnership document remains valid indefinitely unless it is specifically terminated or dissolved. Even if it has been several years since it was filed, it continues to be legally recognized until officially ended.
  • Question
    Can I submit my documents at the Los Angeles office?
    Community Answer
    Yes, you can submit your domestic partnership documents at the Los Angeles County Registrar-Recorder/County Clerk's office. They handle domestic partnership registrations for Los Angeles County. It's a good idea to check their website or call ahead to confirm their current procedures and office hours before you go.
  • Question
    Can I establish a domestic partnership with my partner in California if I live in the UK?
    Community Answer
    No, you cannot establish a domestic partnership in California if neither you nor your partner reside there. Domestic partnership laws usually require both parties to reside in the same jurisdiction that recognizes domestic partnerships. If one of you is in the UK and the other in California, consider exploring other legal options like marriage or civil partnership under UK law, or consult legal experts specializing in international relationships for guidance.
  • Question
    Do both partners need to be present when submitting domestic partnership forms in person in California?
    Community Answer
    Yes, unless special arrangements have been made or exceptions apply. It's best to check with the specific county or office for their exact requirements and procedures.
  • Question
    What form do I file if I have no community assets?
    Community Answer
    In California, for a domestic partnership, you typically file a Declaration of Domestic Partnership (Form NP/SF DP1). If you have no community assets to declare, you may not need to file a specific form for that purpose, as the Declaration generally covers the basic legal aspects. If you have specific concerns or need legal advice, consulting with a lawyer or the registrar's office directly could provide more tailored guidance.
  • Question
    How long does it take to get approved for a domestic partnership in California after filing the paperwork?
    Community Answer
    It typically takes 2 or 3 weeks once filed. However, it can vary depending on the office's workload. Some counties offer expedited services for an additional fee if you need it faster.
  • Question
    Can we file for a domestic partnership in California if I live in Texas and he is in a California state prison?
    Community Answer
    Yes, you can file for a domestic partnership in California even if you live in different states. You must meet the eligibility criteria for a domestic partnership in California and follow the documentation and submission process required by the California Secretary of State's office. It's advisable to consult with legal experts who specialize in family law or domestic partnerships to make sure everything is properly filed and processed.
  • Question
    Can I register for a domestic partnership if one partner lives overseas and both are under 62 and heterosexual?
    Maude Katz
    Top Answerer
    Yes, California allows heterosexual couples, regardless of age, to register as domestic partners. However, both partners must be at least 18 years old, not related in a way that prevents marriage, and not married to someone else. The law, updated in January 2020, removed the requirement for one partner to be 62 or older. One partner can live overseas if all other requirements are met.
  • Question
    Is it faster to mail to Sacramento or drop it off in Los Angeles? How long until we get the certification?
    Maude Katz
    Top Answerer
    Dropping off mail directly at a Post Office in Los Angeles is typically faster than mailing it to Sacramento, especially if you're ensuring same-day dispatch.
  • Question
    How do I complete the forms for a California Domestic Partnership?
    Maude Katz
    Top Answerer
    To complete the California Declaration of Domestic Partnership form, you need to download the NP/SF DP-1 from the California Secretary of State's website or pick up a physical copy from your county clerk's office. Both partners must accurately fill out the form, including personal information, verification of eligibility, and signatures. The completed form must then be notarized and submitted to the Secretary of State.
  • Question
    What if one of the partners is over 65?
    Maude Katz
    Top Answerer
    In California, registered domestic partnerships have no age requirements. Since January 1, 2020, any two adults can register as domestic partners, regardless of sex or age, as long as they meet the other requirements.
  • Question
    Can a heterosexual couple, with one partner incarcerated and both under 62, still register as domestic partners in California?
    Maude Katz
    Top Answerer
    Yes, a heterosexual couple, even if one partner is incarcerated, can register as domestic partners in California. The law permits registration regardless of age or location, including incarceration. Both partners must sign and have the form notarized, which can be done separately if one is incarcerated.
  • Question
    Do I have to change my last name if I'm a domestic partner?
    Maude Katz
    Top Answerer
    In California, you can choose to change your last name when registering a domestic partnership, but it's not mandatory. You can adopt your partner's last name, the last name either of you had at birth, or a combination of elements from both last names, according to the California Secretary of State.
  • Question
    How long does it take to process a mailed domestic partnership declaration in California?
    Maude Katz
    Top Answerer
    In California, the processing time for a mailed domestic partnership declaration typically takes 4 to 6 weeks. However, it can vary based on the volume of applications received by the California Secretary of State. Filing in person may result in a faster turnaround, sometimes taking only a few days.
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