Below, you will find a few commonly asked questions related to domestic partnership in the state of California:

If I live in California, how do I register my domestic partnership?
In the state of California, same-sex partners and couples with one partner who is 62 years of age or older are eligible for domestic partnership registration.  Couples may register with the state by completing a Declaration of Domestic Partnership Form NP/SF DP-1.  Both signatures on the application must be notarized and a fee will be payable to the Secretary of State. 

Will I have to re-register as laws change and affect domestic partnerships?
In the past, domestic partners have not been required to re-register as laws have changed.  However, it is hard to predict what may happen in the future.   In the event that re-registration is required, it is always a wise idea to make sure your address is current with the Secretary of State to ensure you are kept informed.

How can I terminate my domestic partnership?
In order to terminate a domestic partnership in California, you will have to initiate a dissolution proceeding with the Superior Court.  This can be accomplished on your own or with the help of a family law attorney. 

If you have additional questions related to domestic partnership in California, contact Claery & Green to speak with a Los Angeles family lawyer.

If you are involved in a same-sex relationship or are 62 years of age or older, you should know that here are numerous domestic partnership benefits in the state of California.  Some of the benefits include:

§  the ability to use step-parent adoption procedures.  Domestic partners that are registered have the ability to go through the same adoption proceedings as those used by step-parents.

§  the ability to have child custody of children of domestic partners.  If parents are registered as domestic partners, the laws of California assume that domestic partners are parents.

§   the ability to make medical decisions for your partner and the right to visit your domestic partner in the hospital.

§  the ability to inherit property if your domestic partner dies before he or she has created a will.

§  the ability to use sick leave to care for a domestic partner or even a domestic partner's child.

These are just some of the many benefits that domestic partners get to enjoy.  If you would like to learn more about domestic partnership and your rights, contact a Los Angeles family law attorney!

On July 2^nd, singer Melissa Etheridge filed papers with a Los Angeles court to dissolve her domestic partnership with actress Tammy Lynn Michaels.  Following the filing, Michaels insisted that she was "blindsided" by the news.

In 2003, the same-sex couple exchanged vows with one another.  Following their nuptials, they welcomed twins into the world before deciding to separate in April.  News sources were quick to report that Etheridge had filed a Petition for Dissolution of Domestic Partnership in Los Angeles County Superior Court, prompting Michaels to respond via her blog.

Michaels wrote, "Gentle waves no noise for a while or maybe gentle voices and SMACK! file for divorce! even though we both promised agreed handshook pinkyswore no filing until after the tour in the fall."

She was aggravated that the news had come to her through headlines and insisted that while the singer was on tour, she would be at home raising kids.

If you have legal issues with your domestic partnership that need to be dealt with, discuss your needs with a Los Angeles family law attorney by contacting Claery & Green today!

When involved in a custody, dissolution or any family law dispute, an individual faces the most personal and difficult moments in his or her life.   It is very important that my clients feel that their rights are being protected and that their concerns will be heard.  This is why I am committed to being an aggressive and zealous advocate for my clients.  I have much compassion for my clients who are struggling to cope with their emotionally demanding family issues, and I have made it my ongoing objective to be at my best when approaching my clients' goals.

Erica L. Grand

Attorney at Law

Claery & Green, LLP

Family law encompasses a wide variety of legal issues such as: child custody, support payments, divorce, domestic partnerships and restraining orders. As a family law attorney you are called upon to act on behalf of your client during what is often one the most troublesome times in their life. The stakes and emotions are extremely high and your rights must be protected.  

That is why my number one objective is to be a zealous advocate for my clients' rights. As a zealous advocate, it is my job to effectively communicate with my clients to develop the important facts, apprise them of the law, and keep them continuously updated about the status of their case. As a zealous advocate, I am ready to fight for my clients' rights until the very end.

The family law court system can be very frustrating. If you or a loved one is involved in the system, you need a zealous advocate to help you fight your way through.    

Kyle Puro, Attorney at Law
Claery & Green, LLP

A case out of Texas poses an important question to all same-sex couples who reside in California: What happens when a gay or lesbian couple is married in a state that recognizes same-sex marriage, but then relocates to state that does not recognize same-sex marriage but wants a divorce?

This is the situation that Angelique Naylor and Sabina Daly are dealing with. The women were married in Massachusetts, one of the first states to legalize same-sex marriage. They later relocated to Texas, where their relationship eventually soured. No longer wanting to be married, the couple tried to get a divorce, but because Texas does not recognize same-sex marriages, Naylor and Daly have not been able to get divorced.

Originally, State District Judge Scott Jenkins granted the women a divorce, but Texas Attorney General Greg Abbott quickly intervened. Abbott claims that because the state Constitution bans gay and lesbian marriages, to grant a divorce to a same-sex couple would be to contradict the constitution. For this reason, Abbott says Daly and Naylor cannot get divorced in Texas.

In a statement from Abbott’s spokesperson, Jerry Strickland, “The State maintains that the Court has no legal authority to grant this divorce, and as a result, the State must intervene in the case to defend the Texas Constitution.”

When registered domestic partners decide to separate or terminate their domestic partnership, they should speak with an attorney about their rights to palimony, also referred to as “ Marvin Actions.” Palimony works very much the same way as spousal support.

As with traditional marriages, sometimes in a domestic partnership one spouse stays home to care for the family. Other times both partners are working, but one spouse clearly is the bread winner. In these types of situations it is particularly important to speak with a California domestic partnership attorney at Claery & Green. You may be entitled to palimony and a lawyer at our office can advocate your legal rights and represent your interests. The courts like to ensure both parties are able to maintain the same standard of living they shared during their relationship, which means if one partner makes significantly less money, the higher-earning partner may be ordered to support the other.

Whether you are the one seeking support or your ex-partner is seeking support from you, an attorney at Cleary & Green can represent you during any legal proceedings and help you secure a palimony settlement that suits your financial interests. Our goal is not to break the bank on anyone, but rather help our clients reach a settlement with their partner that ensures both parties are financially sound going into the future.

Contact Claery & Green today for more information about Marvin Actions.

Because gay marriage is still not recognized or legal in the state of California, the state does not award same-sex couples the same rights and benefits that are awarded to heterosexual couples. However, by registering as domestic partners, those people in same-sex relationships can obtain many of the same legal rights and benefits awarded to married couples.

The rights and obligations under California domestic partnership laws include:

• The right to use stepparent adoption procedures. This right allows the partners to adopt each other’s children so they have legal rights to the children.
• As of January 1, 2005, when a child is born, if a couple is already registered as domestic partners, the law assumes the domestic partners are the child’s parents.
• Right to make medical decisions. If one of the partners becomes sick the other partner has the legal authority to make medical decision on behalf of his or her partner.
• The right to visit each other in the hospital.
• If one of the partners becomes disabled the other partner has the right to file for state disability benefits on behalf of a disabled partner.
• If one of the partners becomes incapacitated the other partner can be appointed conservator to handle their partner’s legal and financial matters.
• If one partner dies without a will or trust the other partner has the same inheritance rights to community property that a spouse would have.
• When a partner is killed due to recklessness or negligence the other partner has the right to file a wrongful death lawsuit for both financial compensation and loss of companionship. A domestic partner can also file a lawsuit if he or she witnessed their partner being physically harmed by another person.
• The right to draft a will or trust on behalf of their partner.
• The right to paid leave in order to care for a seriously injured or ill domestic partner or a domestic partner’s child.
• The right to use sick leave in order to care for a domestic partner or a domestic partner’s child.
• The right to collect unemployment benefits if a person has to quit his or her job and relocate to accommodate their partner’s job.
• The right to domestic partner health insurance. If an insurance company offers coverage for employees’ spouses and children, then it must provide coverage for employees’ domestic partners and domestic partner’s children.
• If a partner dies and he or she is an employee of the state, his or her partner and the partner’s children are eligible for continued health insurance coverage if the deceased partner registered in a state health insurance plan.
• The right to live with a partner in a senior housing facility.

If you are interested in learning more about domestic partnership rights and benefits, a California domestic partnership lawyer at Claery & Green can address your questions and concerns. To arrange a consultation, please contact Claery & Green today by calling (877) 756-4111!