Taking a Personal Approach to Law

Domestic Partnership Lawyer Stockton

California Domestic Partnerships

The concept of domestic partnerships is relatively modern, emerging from the rapid shift in social and legal perspectives surrounding same-sex relationships over the past several decades. Today, many couples—both same-sex and opposite-sex—turn to domestic partnerships as a way to secure important legal protections without entering into a traditional marriage. If you are considering establishing a domestic partnership, contact a Stockton, CA–based domestic partnership lawyer for a legal consultation and personalized guidance.

California was a national pioneer in recognizing domestic partnerships. In 1999, the California Legislature created the first statewide domestic partner registry in the United States. Initially, domestic partners were granted only a limited number of rights. However, over the years, these rights have expanded significantly. Today, registered domestic partners in California enjoy nearly all the same legal benefits, protections, and responsibilities as married spouses—including matters related to property, healthcare decisions, parental rights, and financial duties.

California has been on a roller coaster ride as far as same sex marriages are concerned, but today, gays and lesbians are able to marry in the state, reducing the significance of domestic partnerships going forward.

RIGHTS AND BENEFITS

Although a domestic partnership provides many important legal protections, it is not the same as marriage, and domestic partners are not considered “spouses” under federal law. As a result, domestic partners do not automatically receive the rights and benefits that are specifically tied to marital status. This distinction is crucial. Even after the U.S. Supreme Court struck down portions of the federal Defense of Marriage Act (DOMA), the ruling did not extend federal spousal benefits to individuals in a domestic partnership. Federal benefits that apply to married spouses remain unavailable to domestic partners unless they legally marry.

DOMESTIC PARTNERSHIPS AND TAXES

The IRS has issued a series of rulings on the impact that domestic partnership status on tax laws. Among other things, the IRS has ruled that:

Domestic partners can’t file as married (neither jointly nor separately)
Having a dependent domestic partner doesn’t make the taxpayer a head-of-household
A partner may use a different form of deductions (standard vs. itemized) than used by the taxpayer’s domestic partner
Only one of the domestic partners may claim a dependent child, not both

If you cause physical harm or threaten to harm anyone in the household, you could face an uphill battle of domestic violence charges that could change your life forever. It is important to have an experienced, knowledgeable Stockton domestic violence lawyer advise you of your rights and help bring to light the misconceptions about domestic violence that people may have.

TERMINATING THE RELATIONSHIP

Domestic partnerships registered in California automatically grant California courts the authority to end that status, even if the partners no longer live in California or never lived in California. While the state can end the domestic partnership status, it may still not be able to issue enforceable orders that affect your rights in the other state, like child support, child custody, and property division.

California law allows two ways to dissolve a domestic partnership:

Filing a Notice of Termination with the California Secretary of State
Obtaining a Petition of Dissolution with the Superior Court

A Notice of Termination offers a quicker and more streamlined way to end a domestic partnership. It functions as a mutual agreement between both partners acknowledging that the relationship has ended and that neither party seeks financial support or requires a formal division of assets. However, this simplified option is only available when very specific eligibility requirements are met. Because every requirement must be satisfied for the termination to be valid, it is wise to consult with a Stockton divorce attorney to determine whether you qualify.

In contrast, a Petition for Dissolution filed with the Superior Court is handled much like a traditional divorce. This process provides the right to a court hearing before a judge, and the resulting order may be appealed if either partner disagrees with the outcome. By comparison, a Notice of Termination does not include the opportunity for a hearing or an appeal.

California law also addresses situations involving couples who entered into a same-sex domestic partnership and later chose to marry. If those couples later decide to end their relationship, the law allows for the simultaneous dissolution of both the domestic partnership and the marriage within a single proceeding by filing a Petition for Dissolution of Domestic Partnership and Marriage.

Because domestic partnerships and same-sex marriages are relatively new legal frameworks—shaped by shifting social views and evolving legislation—they come with unique considerations. For this reason, consulting an attorney experienced in California family law is essential to ensure your rights are protected and that the proper legal process is followed.

LEGAL COUNSEL FOR MATTERS INVOLVING CALIFORNIA SAME-SEX UNIONS, INCLUDING DOMESTIC PARTNERSHIPS

In Stockton, the Law Office of Jennifer A. Niemeyer regularly represents clients in legal matters involving domestic partnerships, including partnership dissolutions, as well as cases related to same-sex marriages and divorces. Our attorney stays fully informed on the latest California and federal court decisions affecting same-sex unions, ensuring that you receive guidance based on current and evolving law. We are well-equipped to assist you in navigating this complex and continually changing area of family law. Contact us today to schedule a consultation.

GIVE US A CALL TODAY

REACH OUT &

GET HELP TODAY

Contact the Law Office of Jennifer A. Niemeyer today by filling out the form with the details of your situation to get personalized assistance.