Law & Society

How to begin the civil union process with my partner

If you are considering a civil union, there are some facts you should know about California family law and matrimonial law.

A civil union is a legally recognized union between parties of the same sex. In California, a civil union is called a domestic partnership, instead of a civil union. A domestic partnership may also refer to a registered domestic partnership between certain heterosexual couples where one or both partners are over 62.

Domestic partnership registration

A San Francisco family law firm can help partners start the process for their civil union. Under the California Family Code §297, partners file a Declaration of Domestic Partnership with the Secretary of State. In order to be eligible for a domestic partnership, both persons must:

- Not be married to someone else or be a partner in another domestic partnership which has not been ended, dissolved, or annulled.
- Not be blood related according to stipulations that prevent marriage for related persons.
- Must be 18 years of age.
- Must be capable of consenting to the domestic partnership.
- Be of the same sex (unless applying for a heterosexual domestic partnership which has other qualifications).
- Share a residence in common. The residence does not have to be titled in both of your names. A partner may also have an additional residence aside from the shared residence. If a partner leaves the common residence, but intends to return, the residence is still considered to be a residence in common.

Partners receive a copy of their declaration and a certificate of registration, once the partnership is approved.

Expanded legal rights for California domestic partners

Rights for partners in California civil unions or domestic partnerships have been expanded since first recognized in 1999. At one point the California Supreme Court ruled granting same-sex marriage in California; however, in 2008, same sex-marriage was defeated at the poles through Proposition 8. The expanded rights of same-sex partners remained unaffected. Same-sex partners enjoy almost all of the same rights as married couples. Some expanded rights include:

- Tax benefits
- Health care visitation and emergency rights
- Rights of step-parent adoption
- Employment benefits for partners
- Right to sue for wrongful death