Beverly Hills Domestic Partnerships Attorney
California has consistently led the country in protecting the rights of same-sex partners. Even before the U.S. Supreme Court Decision recognizing same-sex marriages, California had passed domestic partnership laws. Domestic partnerships establish certain legal rights and protections for partners similar to the rights of a married couple.
Our Beverly Hills domestic partnerships lawyers have over 25 years of combined experience. Our attorneys are skilled negotiators and successful litigators. Whether your case is resolved at the negotiating table or at trial, we fight to get you the best possible outcome.
Here in Beverly Hills, CA, we are here to help you with your questions about registering a domestic partnership or the dissolution of a domestic partnership.
Contact our family law attorneys at Berenji & Associates Divorce Lawyers today at (213) 277-2586 for a confidential consultation with an experienced domestic partnerships lawyer.
How Our Beverly Hills Family Law Attorneys Can Help You With Issues Related to California Domestic Partnerships
Domestic partnerships have many benefits for same-sex couples and, particularly, opposite-sex couples. However, there are limitations. Before entering a domestic partnership, discussing the pros and cons with an experienced Beverly Hills family law attorney is wise.
Our California family law attorneys have top ratings and recognition from several organizations, including Super Lawyers, The National Trial Lawyers Top 100, and Avvo. At Berenji & Associates Divorce Lawyers, our divorce lawyers personally oversee all aspects of your case.
When you hire our top-rated Beverly Hills domestic partnerships lawyers, you can trust we will:
- Explain domestic partnerships, including the advantages and limitations
- Discuss your priorities to determine whether a domestic partnership is best for your situation
- Assist you and your partner in registering a domestic partnership in California
- Aggressively represent you in the dissolution of a domestic partnership by protecting your best interests
- Provide compassionate guidance and support throughout your case
Domestic partnerships can be confusing. The laws governing domestic partnerships in California have changed and evolved, and new laws have expanded the rights of domestic partners. However, couples must still weigh the limitations before deciding whether a domestic partnership or same-sex marriage is best for their situation.
If you have questions about domestic partnerships, we can help. Our legal team has significant experience in matters related to domestic partnerships in Beverly Hills, California.
Contact Berenji & Associates Divorce Lawyers to schedule a case evaluation with an experienced attorney today.
What Are Domestic Partnerships in California?
A domestic partnership is a relationship between two people committed to each other but not married. Domestic partnership laws have granted rights to same-sex couples in California since 2000, and the California Domestic Partner Rights and Responsibilities Act (A.B. 205) expanded those rights.
A domestic partnership agreement is a legally binding contract between two adults. You must be at least 18 years old to enter a domestic partnership. If you are under 18 years old, you must have permission from a parent and a court order. Domestic partners must file a Declaration of Domestic Partnership with the California Secretary of State.
A registered domestic partnership gives the couple the same rights, protections, and benefits as a married couple in the State of California. However, the federal government does not recognize domestic partnerships. Therefore, it is crucial that domestic partners work with a financial professional who understands how benefits claimed for a domestic partner can impact federal tax returns.
What Rights Do Domestic Partners in California Enjoy?
Before the state enacted A.B. 205, domestic partners enjoyed rights including:
- The right to visit a domestic partner in the hospital
- The right to make medical decisions for a domestic partner if they become incapacitated
- The right to file a wrongful death lawsuit if a domestic partner dies because of another person’s negligence or intentional torts
- The right to receive a portion of a domestic partner’s estate if they die without a will
- The right to use employee sick leave to provide care for a domestic partner or the partner’s child if they are ill
- The right to adopt a domestic partner’s child by using the same process in place for stepparent adoptions
- The right to unemployment benefits if a domestic partner’s job forces a relocation
Even though California had liberal domestic partnership laws, the laws did not give domestic partners all the rights afforded to married couples. There was a push to expand these laws to give domestic partners additional rights. In 2005, the state expanded the rights of domestic partners. The law made many significant changes; domestic partners:
- Cannot be required to testify against each other in court
- Who give birth after registering their partnership are considered parents and must go through the court to determine child custody if they end the relationship
- Have financial responsibility for each other, including the possibility of alimony if the relationship ends
- Are responsible for loans taken out by the other partner
- Are treated as spouses for the purpose of public assistance and workers’ compensation
- Have access to student housing, senior housing, and family housing
- Are covered by California’s community property system
- Are entitled to protections for rent control
Even though domestic partners have many of the same rights as married couples, they are not legally married. They must apply for a marriage license and go through the same process as other couples if they want to be legally married.
What Are the Differences Between Domestic Partnerships and Married Spouses in California?
California laws expanded the rights of domestic partners, but there are still some differences between domestic partners and married couples. Those differences include:
- Same-sex domestic partners are not entitled to benefits offered by the federal government, including Social Security benefits.
- Same-sex domestic partners cannot file joint tax returns.
- California state employees do not have the same benefits under long-term care benefit packages.
- Same-sex domestic partners cannot engage in a marriage ceremony unless they obtain a marriage license.
The laws in California for domestic partnerships are complex. Having an experienced attorney guide you through the process of negotiating and drafting a domestic partnership agreement is the best way to ensure your agreement complies with the law.
How Do You Dissolve a Domestic Partnership in Beverly Hills, CA?
Domestic partners decide to end their relationship for many reasons. If you want to end a domestic partnership, you must follow the legal process for terminating a registered domestic partnership in California. The process of dissolving a domestic partnership depends on several factors.
Some domestic partners may qualify for a summary dissolution of a domestic partnership. The couple must meet the following criteria to be eligible for a dissolution of a domestic partnership:
- Both parties want to terminate the domestic partnership.
- Neither of the domestic partners owns land or buildings.
- When the Notice of Termination was filed, the domestic partnership agreement must have been registered for less than five years.
- The domestic partners must not owe more than $6,000 in debts since the date of the domestic partnership.
- Neither of the domestic partners can rent any buildings or land other than a primary residence.
- Excluding vehicles, the domestic partners cannot have more than $38,000 worth of property acquired during the domestic partnership.
- Domestic partners must have no children together, either adopted or born before or during the domestic partnership.
- Domestic partners must waive financial support from each other.
- Neither of the domestic partners can be pregnant.
- Domestic partners must have signed an agreement dividing their debts and property, or they have an agreement that states they have no debts or property to divide.
If you meet the above criteria, you can file a Notice of Termination of Domestic Partnership with the California Secretary of State. If domestic partners do not qualify for a summary dissolution of a domestic partnership, they must file a petition through the California Superior Court to dissolve the domestic partnership.
Domestic partners may disagree about the terms for dissolving their partnership. If so, they may use mediation to negotiate a settlement. As with a married couple, if domestic partners cannot agree on the terms for dissolving their partnership, the matter goes before a judge. After hearing evidence, the judge decides how to resolve the dispute based on the evidence presented and applicable laws.
Our legal team at Berenji & Associates Divorce Lawyers can help you with complex issues related to child custody, property division, spousal support, and child support payments if you terminate your domestic partnership. We will fight to ensure that your parental rights and financial interests are protected.
Schedule a Consultation With Our Beverly Hills Domestic Partnership Attorneys
At Berenji & Associates Divorce Lawyers, our Beverly Hills domestic partnerships lawyers explain your rights and responsibilities under a domestic partnership. We will carefully draft a domestic partnership agreement that protects the rights of both partners with clear terms and conditions. It is crucial to have a contract that complies with the law for it to be enforceable in California.
Call our office to schedule a confidential case evaluation with one of our attorneys.