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Q&A for How to File for a California Domestic Partnership
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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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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.
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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.
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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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QuestionWhat happens if only one signature is notarized and my partner dies before theirs is notarized?Maude KatzTop AnswererIf 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.
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QuestionIf a domestic partner terminates the relationship, is the other person entitled to anything?Community AnswerIn 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.
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QuestionDoes a domestic partnership protect a partner if one becomes incapacitated or enters a coma?Maude KatzTop AnswererYes, 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.
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QuestionCan my opposite-sex partner and I, both under 62, file for a domestic partnership in California?Maude KatzTop AnswererIn 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.
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QuestionWhat date is recorded on a domestic partnership certificate: the date of the notary or the date filed?Maude KatzTop AnswererThe 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.
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QuestionHow long do I need to be living with my partner in California to file for a domestic partnership?Roxie ValenciaTop AnswererThere is no specific time requirement. You can file for a domestic partnership just as long as you live with them.
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QuestionWhat do I do if I change my mind when filing for a California domestic partnership?Roxie ValenciaTop AnswererYou 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.
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QuestionWho do I make the check out to for a domestic partnership?Maude KatzTop AnswererMake 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.
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QuestionIs my document still valid if it was dated several years ago?Maude KatzTop AnswererYes, 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.
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QuestionCan I submit my documents at the Los Angeles office?Community AnswerYes, 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.
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QuestionCan I establish a domestic partnership with my partner in California if I live in the UK?Community AnswerNo, 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.
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QuestionDo both partners need to be present when submitting domestic partnership forms in person in California?Community AnswerYes, 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.
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QuestionWhat form do I file if I have no community assets?Community AnswerIn 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.
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QuestionHow long does it take to get approved for a domestic partnership in California after filing the paperwork?Community AnswerIt 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.
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QuestionCan we file for a domestic partnership in California if I live in Texas and he is in a California state prison?Community AnswerYes, 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.
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QuestionCan I register for a domestic partnership if one partner lives overseas and both are under 62 and heterosexual?Maude KatzTop AnswererYes, 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.
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QuestionIs it faster to mail to Sacramento or drop it off in Los Angeles? How long until we get the certification?Maude KatzTop AnswererDropping 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.
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QuestionHow do I complete the forms for a California Domestic Partnership?Maude KatzTop AnswererTo 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.
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QuestionWhat if one of the partners is over 65?Maude KatzTop AnswererIn 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.
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QuestionCan a heterosexual couple, with one partner incarcerated and both under 62, still register as domestic partners in California?Maude KatzTop AnswererYes, 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.
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QuestionDo I have to change my last name if I'm a domestic partner?Maude KatzTop AnswererIn 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.
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QuestionHow long does it take to process a mailed domestic partnership declaration in California?Maude KatzTop AnswererIn 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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