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Domestic Partnership: Making It Legal

Posted on in Family Law

California divorce lawyer, California mediation attorneyThankfully, the United States and California have come a long way when it comes to marriage regulations. Now for most circumstances, no matter the makeup of your current romantic relationship, you are legally able to marry. The process is much the same as a marriage and provides the same benefits, which is why so many couples are choosing to make their relationship legally recognized through domestic partnership.

The Benefits

California state statutes say,

“Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses.”

These ideas are applicable whether you are currently or formerly registered, if someone is deceased, your children, and antidiscrimination laws. This umbrella statement touches a variety of situations, however not all are included. We can answer any specific questions you may have regarding insurance, retirement, financial, or any other benefits.

The Process

Did you know that not everyone can marry? The same goes for registering for a domestic partnership. Certain qualifications must be met before “tying the knot.” These are:

  • Both parties must be at least 18 years of age or have parental consent,
  • Neither is still in another partnership or marriage,
  • No blood relation, and
  • Both sides are capable of consent to the union.

Before final registration, you must obtain a court authorization that you both are eligible to enter into the partnership. Upon successful completion of these qualifications, both sides must determine whether to register publicly or confidentially. There is also the question of whether to register with the city or the state. To be provided all of the securities of the state, you must register with the state. Either option is simple and is completed by filling and filing a form.

If you and your other half are interested in legally binding your partnership, you may have questions about your benefits and the procedure. We are here to help you through the process every step of the way. If you are interested in discussing your situation with an experienced San Jose/Los Gatos divorce custody attorney, call Law Offices of Benita Ventresca today for your initial consultation at 408-395-8822.

 

Sources:

http://www.sos.ca.gov/registries/domestic-partners-registry/frequently-asked-questions/

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=2.5.&title=&part=1.&chapter=&article=

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