In California domestic partnerships are a contract with many, but not all the legal benefits of a marriage. Domestic partnerships can be registered without going through the formal marriage ceremony process. You do not have to be a gay couple to register for a domestic partnership, some heterosexual couples may too. Nearly all states now have provisions for domestic partnerships, the states which do not, have a similar equivalent called; civil unions. 

Registering for a domestic partnership in California is not difficult, you can do it yourself or hire an attorney to help you correctly fill out all the forms and adequately explain all the legal details. You want to be totally aware of all the idiosyncrasies as it will matter later when you file taxes, borrow money, buy health insurance, or talk to the human resource director at work as to your status for employment payroll withholdings. 

If you meet the legal criteria you may register for a domestic partnership in the Great State of California. First, you must complete the “Declaration of Domestic Partnership” official form with the Secretary of State. This form must be notarized and signed by both parties and filed with the appropriate fees.

The requirements are not difficult to meet, but you must meet each requirement for eligibility. First, you and your partner must be 18-years old. If not, you must first obtain a court order granting permission. Heterosexual couples may also sign up for a domestic partnership provided one or both of the parties is over 62 years old. 

A California Domestic Partnership allows for the same rights as a marriage, as well as the same responsibilities. Still, there are legal differences and there are different federal benefits. In other states, your domestic partnership may or may not be afforded all of the same rights, as per those state laws. 

When it comes to the Federal Government here are some things you should know. Married couples have their social security benefits decreased, but that isn’t true for domestic partnerships, which makes domestic partnerships more legally attractive. Currently, although this is likely to change soon the Federal Government doesn’t have any tax benefits or any penalties for that matter which married couples either enjoy or are burdened with. 

In many hospitals outside of California a domestic partner cannot make decisions for an incapacitated domestic partner, and some visitations maybe problematic, although this is becoming rarer. 

When it comes to divorce law, a divorce court can make a domestic partner pay spousal support, but this may not apply in other states which don’t recognize California law. Since gay couples can now get legally married anywhere in the United States, domestic partnerships are not as common as they once were. There are legal benefits to both marriage and domestic partnerships so make sure you understand them before choosing which route to take.