California’s registered domestic partnership gives couples nearly all the rights and responsibilities of marriage under state law. Whether you are considering registering or want to understand what you are entering into, here is how registration works, who qualifies, and how it compares to marriage.
Domestic partnership requirements
To register a domestic partnership in California, both partners must meet the requirements of Family Code section 297: neither person may already be married or in another domestic partnership; the two may not be closely related by blood; both must be at least 18 (with limited exceptions for minors with court and parental consent); and both must be capable of consenting. Since January 1, 2020, domestic partnership has been available to all couples regardless of sex or age — it is no longer limited to same-sex couples or those over 62.
How to register with the Secretary of State
Registration is done through the California Secretary of State. The partners complete and sign a Declaration of Domestic Partnership, have the signatures notarized, and file the declaration with the Secretary of State along with the filing fee. Once filed, the state issues a Certificate of Registered Domestic Partnership. The process is administrative — there is no ceremony requirement — which is one practical difference from getting married, though the legal weight is comparable.
Domestic partnership versus marriage
Under California law, registered domestic partners have the same rights, protections, benefits, and obligations as spouses — community property, the duty of mutual support, parental presumptions, and the same rules on dissolution. The chief differences are federal: because federal law recognizes marriage but treats domestic partnership inconsistently, partners can face different results for federal taxes, Social Security, and immigration. For couples weighing domestic partnership versus marriage, those federal distinctions are usually the deciding factor.
Ending a domestic partnership
A registered domestic partnership does not simply dissolve on its own. Ending it requires either a summary termination through the Secretary of State — available only for short, simple partnerships that meet strict conditions — or a formal dissolution filed in the family court, which follows essentially the same process as a divorce, including property division and support. In other words, the exit is as legally significant as the entry.
Talk to Furubotten Law
Every page on this site ends the same way it began: with a real lawyer. If you are navigating any of the issues discussed above, Denise Furubotten, Esq. brings 30 years of California family law experience to your matter. Call Furubotten Law, APC at (714) 795-3862 to schedule a confidential evaluation.