Domestic Partnership Attorneys in San Francisco, California
The law governing same-sex unions is changing rapidly throughout the United States, and California's domestic partnership laws are no exception. At the Schoenberg Family Law Group, P.C., we offer experience in navigating these shifting waters. We provide representation in actions for domestic partnership dissolution, and advise our clients in the San Francisco Bay Area on their legal rights in this evolving area of the law.
California's Domestic Partner Rights and Responsibilities Act of 2003 went into effect on January 1, 2005. This Act provides that couples who register their domestic partnerships with the State of California are afforded similar, but not the same, rights and responsibilities to those granted to opposite-sex couples whose marriages were registered with the State. The rights extended by the Act include:
- Healthcare and medical emergency rights
- Estate planning and inheritance rights
- Governmental benefits
- Insurance proceeds and retirement benefits
- Parental rights, including utilization of step-parent adoption procedures
- Community property
- Financial support and child support after dissolution of a domestic partnership
- Protections upon death of a partner
- Employment benefits within the state of California
- Tax benefits within the state of California
The 2008 landmark decision of the California Supreme Court, In re Marriage Cases, held that there is no distinction between same-sex and opposite-sex marriages. Prior to this decision, the State of California did not recognize same-sex marriages; rather, it only permitted same-sex couples to enter into domestic partnerships in accordance with the 2003 Act. The Supreme Court's decision took effect in California on June 19, 2008, when the Court issued a Writ of Mandate ordering that State agencies comply with its terms. As a result of the passage of Proposition 8 on November 4, 2008, the California Constitution has been amended to provide that marriage is restricted to between a man and a woman. In a subsequent ruling, the California Supreme Court upheld the passage of Proposition 8. However, the Court further held that those same-sex marriages entered into between June 19, 2008 and November 4, 2008 remained valid.
It is necessary to understand the contours of this continually changing area of law. The Schoenberg Family Law Group, P.C. can help you understand the different rights and obligations afforded by California law and advise you on all aspects of domestic partnership registry and dissolution under the present legal system.
Establishing a Domestic Partnership
Under California domestic partnership law, a couple is eligible to register as domestic partners if they:
- Share a common residence;
- Agree to share basic living expenses;
- Not be related by blood so that they would not be eligible for marriage;
- Are over the age of 18;
- Are of the same sex, or of different sexes with one party being either over age 62 or eligible for Social Security old age benefits; and
- Are capable of offering legal consent.
The establishment of a domestic partnership requires attention to detail. Because California's domestic partnership statutes do not include all of the presumptions, rights, and duties afforded to opposite-sex married persons, parties entering into a domestic partnership must take caution to adopt an agreement which clearly articulates the legal rights of both parties and the legal and financial consequences should the partnership be dissolved. At the Schoenberg Family Law Group, P.C., we offer competent and compassionate legal guidance in drafting an agreement that prudently accomplishes these goals.
Dissolving a Domestic Partnership
Because a domestic partnership is a legally recognized union, it must be legally dissolved. Division of property, child custody, visitation, child support, and alimony issues can be as complex and difficult as in a same-sex dissolution. Advice of experienced counsel is necessary to ensure that your rights and duties are protected as your partnership is dissolved. The Schoenberg Family Law Group, P.C. will work with you to ensure that you are apprised on the evolving law and that your dissolution is just and equitable.
The California Family Code explicitly retains jurisdiction over all domestic partnerships registered in the state, regardless of whether the parties continue to reside in the state at the time of dissolution. Thus, should you seek to dissolve a domestic partnership but not reside in California, we are able to assist you in dissolving that union.
At the Schoenberg Family Law Group, P.C., we go the extra distance to remain acutely aware of the changing contours of the law, and offer counsel and advice as to the fluctuations in the rights and obligations imposed upon domestic partners or same-sex married couples. This is particularly important in areas concerning same-sex unions, as this area of the law is undeniably in flux.
In addition to the issues that overlap with the termination of an opposite-sex marriage, the dissolution of a domestic partnership involves unique tax-related issues. Because Federal tax law does not recognize or account for domestic partnerships, if the Court orders one party to pay support to the other, the payor cannot deduct that expense and the payee has to pay taxes on it. This is a critical distinction between dissolution of domestic partnerships and marriages, because California affords rights to same-sex couples that are not provided by the Federal government.
Because the Schoenberg Family law Group focuses exclusively on family law matters, we provide a unique focus on the specific issues relating to the dissolution of same-sex partnerships and provide you with the advice necessary to understand the conflicts between State and Federal law to ensure that your partnership dissolution is just and equitable in the face of these conflicts. We use our knowledge to advise our clients about the important choices stemming from the differences between State and Federal law and the way these choices affect dissolution of domestic partnerships.
Focusing exclusively on family law in San Francisco and the Bay Area, the Schoenberg Family Law Group strives to build relationships with clients based on integrity, trust and open communication.
Contact Us Today
To speak with a family lawyer about dissolution of a domestic partnership in the San Francisco Bay Area, please contact us online or by telephone at 415.834.1120. The Schoenberg Family Law Group offers the competent counsel necessary to help ensure that every detail of dissolving your domestic partnership is properly handled.
