Registered Domestic Partnerships FAQ

• What if I did not register my domestic partnership with the California Secretary of State?
• How do I dissolve a domestic partnership?
• What if I married my partner at a time when it was legal – do I still need to get a divorce?

What if I did not register my domestic partnership with the California Secretary of State?

Under California law, there is a requirement that you register your domestic partnership with the California Secretary of State.  If you fail to comply with this, or any other requirement, your domestic partnership may be invalid. 

Whether you need a domestic partnership rights lawyer to assist you with registering your domestic partnership, drafting a domestic partnership (prenuptial) agreement or assisting you with domestic partnership dissolution, we can help.  Our experienced Orange County domestic partnership attorneys will discuss the issues in your case and provide you with experienced legal representation in a professional manner.

How do I dissolve a domestic partnership?

California law affords qualified domestic partners with many of the rights, protections and obligations of married persons.  As a result, many of the fundamental issues that may be relevant to a divorce may also be relevant to the dissolution of a registered domestic partnership.  Our experienced Orange County domestic partnership attorneys will discuss the issues in your case and provide you with experienced legal representation in a professional manner.

What if I married my partner at a time when it was legal – do I still need to get a divorce?

Under California law, same-sex marriages that occurred during the time in which they were legal are considered valid marriages.  This means that if you married between June 16, 2008 and November 5, 2008, your marriage is valid.  As a result, you will still need to seek a divorce if you no longer wish to remain married to your spouse.  If you also registered your domestic partnership with your spouse, your case is slightly more complicated.  Generally in these circumstances, you must file two separate cases, one to dissolve the marriage and one to dissolve the registered domestic partnership.  Because the two cases involve the same parties, same issues and same asset and debt issues, and possibly the same child custody or support issues, the cases may generally be consolidated into one case upon a motion by either party.

As the law regarding same-sex marriage continues to evolve, the attorneys at Wilkinson & Finkbeiner, LLP can explain your rights and help you to navigate through this changing area of law.  Our attorneys will listen to you, learn about your goals and issues and provide you with professional advice and dedicated representation.