San Jose Domestic Partnerships Lawyer
Skilled Santa Clara County Lawyer
The Law Offices of Sandra J. McManus can assist clients in Santa Clara County with a wide range of legal issues related to domestic partnerships. If you and your partner are looking to register as domestic partners, we can guide you through the legal process. If you are looking to dissolve your domestic partnership, we can also help.
Contact our law firm in San Jose by calling (408) 293-6383. We offer a free 30-minute consultation.
Registered Domestic Partnerships
In California, registered domestic partnerships involve same-sex couples or heterosexual couples where one partner is over 65 years old. Domestic partnerships are registered with the secretary of state, and they allow partners to receive the following:
- Insurance benefits
- Retirement benefits
- Inheritance rights
- Other rights enjoyed by married couples
Prior to the law changing in January 1, 2005, assets that domestic partners had were not considered community assets. The law changed and currently, if you are in a registered domestic partnership, your assets are considered community assets retroactive to the day you registered your partnership. This means that if you decide to terminate your partnership, your assets are subject to community property law. You could also have issues of support and child custody and visitation. Until June 1, 2005, couples had the opportunity to enter into partnership agreements that are similar to pre-nuptial agreements; however, this option is no longer available.
Domestic Partnership Dissolutions
Registered domestic partnerships are becoming similar to marriages in many other ways. Couples were previously able to simply send a letter to the state to dissolve a registered domestic partnership. Now, partnership dissolution requires more formality and adherence to the legal process which are identical to those dissolving a marriage. Contact us to speak with our attorney about registered domestic partnership issues.