San Luis Obispo Domestic Partnerships
Hosford & Hosford can support you with forming or dissolving a domestic partnership in San Luis Obispo.
Under current California law, domestic partnerships can be established by two adults of the same sex or by qualifying opposite sex couples. Those entering a domestic partnership must “share one another’s lives in an intimate and committed relationship of mutual caring” (Family Code section 297, subdivision (a)).
Following the Supreme Court’s decision to overturn Prop 8 in California, domestic partnerships are becoming less prevalent, though people may choose to form a domestic partnership for other, personal reasons. To be granted a domestic partnership, the parties must:
- Live together.
- Not be married to anyone else.
- Be legally capable of giving consent to the partnership.
- Not be related by blood in a way that would prevent their marriage under law.
Those under the age of 18 in San Luis Obispo can form domestic partnerships if their parents consent or if a court permits the partnership
Forming a Domestic Partnership
Hosford & Hosford will conduct the filing of a declaration of domestic partnership with the California secretary of state and will prepare a domestic partnership agreement for you and your partner.
The declaration grants you the financial and legal rights due to a domestic partnership. The agreement details how you and your partner will handle assets, debts, property, and any shared businesses. It offers you and your spouse equal legal protection in the event of a dissolution of domestic partnership and helps you both avoid disputes and certain financial repercussions.
Dissolving a Domestic Partnership
Under California law, domestic partners have the same rights and responsibilities as divorcing couples. Hosford & Hosford’s resources for divorce may help you explore these issues.
As in divorce, if your domestic partnership has lasted five years or less, our firm may be able to dissolve the partnership quickly and easily. This assumes both parties cooperate in preparing and filing the necessary forms.
In some cases, there are complicating factors, such as the custody of children or substantial assets and debts. Support is calculated differently for domestic partnerships than it is for marriage and although the rights are similar, they are not exact. We can represent you in settlement discussions with your partner to work towards an agreement that meets your goals and provides a satisfactory outcome for both parties. If settlement is not possible, Hosford & Hosford will represent you in litigation and prepare a strategy to help you protect your rights and assets.