What is a Domestic Partnership?
A domestic partnership is established when persons meeting the criteria specified by California Family Code section 297 file either a Declaration of Domestic Partnership (Form NP/SF DP-1) or a Confidential Declaration of Domestic Partnership (Form NP/SF DP-1A) with the California Secretary of State. A copy of the declaration and a Certificate of Registration of Domestic Partnership will be returned to the partners after the declaration is filed.
Two people who have been living together as domestic partners and who meet the criteria specified by California Family Code section 297 may file a Confidential Declaration of Domestic Partnership with the California Secretary of State. Unlike a Declaration of Domestic Partnership, a Confidential Declaration of Domestic Partnership is a permanent record that is not open to the public. Only the registered domestic partners may obtain a copy of their confidential domestic partnership filing by completing a Confidential Domestic Partnership Records Order Form. Anyone other than the domestic partners wanting a copy of a Confidential Declaration of Domestic Partnership must attach a certified copy of a court order granting permission to the Confidential Domestic Partnership Records Order Form.
A domestic partnership can be terminated under certain conditions, as provided by California Family Code section 299, by filing a Notice of Termination of Domestic Partnership (Form NP/SF DP-2) with the California Secretary of State. The domestic partnership will be terminated effective six months after the date of filing of the Notice of Termination of Domestic Partnership with the California Secretary of State provided that neither party has, before the effective date, filed with the California Secretary of State a Revocation of Termination of Domestic Partnership (Form NP/SF DP-3), as provided by California Family Code section 299. If all conditions of California Family Code section 299 cannot be met, domestic partnerships must be terminated through proceedings in California Superior Court.
The June 26, 2015, United States Supreme Court ruling in Obergefell v. Hodges (regarding the right to a same-sex marriage and whether states must recognize same-sex marriages from other states) did not invalidate or change any of the California Family Code sections related to registered domestic partners. Domestic partnership registrations are different from marriage licenses. The California Secretary of State’s office will continue to process Declarations of Domestic Partnership, Notices of Termination of Domestic Partnership and other related filings as permitted by state law.
If you are facing any family law issues, please contact our office to make an initial consultation appointment. With an office in Simi Valley, we can provide services in Ventura, Santa Barbara and Los Angeles counties.