Domestic partnerships were initially sought after by same-sex couples as a way to get legal recognition. But it’s still a common route used by two romantic partners to formalize their relationship. While a domestic partnership offers very similar benefits to those available in a marriage, the two differ in key areas.
Many couples often wonder whether it’s better to simply get married through marriage in California. Others are weighing the pros and cons of both types of unions. Depending on your plans, a Fresno family lawyer can advise you which one suits your needs. But it’s good to remember that a domestic partnership has limitations as compared to heterosexual marriage.
What Is a Domestic Partnership in California?
Domestic partnerships were designed to confer the same benefits, economic and noneconomic, as any married couple. While this kind of union was initially designed for same-sex couples, same-sex couples can currently go for it.
You can file for a domestic partnership with the state of California. Your Fresno domestic partnership lawyer will guide you every step of the way. Once complete, you may be allowed to add your partner to your health insurance plan or seek a family leave.
Why Do Some People Choose a Domestic Partnership Over Marriage?
Some people try to avoid the Biblical and religious connotations often attached to matrimony. Some feel comfortable honoring their commitment to their partners in a more casual setting. Others often go for it to avoid the silent stigma attached to the number of times a person has wedded. Conversely, those who had their spouses pass away may wish to avoid remarrying to honor the departed.
What Are the Key Differences Between a Domestic Partnership and A Marriage?
While there are many similarities between domestic partnership and marriage in California, there are still some key differences. These differences mainly involve the rights provided in each union. A Fresno domestic partnership lawyer can explain deeper the implication of either kind. But the main differences include:
- Married couples enjoy more rights than couples in domestic partnerships.
- Marriage is legally recognized in all states and even in most countries. However, this may not be the case for domestic partnerships as not all U.S. states recognize them. This means domestic partners don’t have much legal protection as compared to their married counterparts.
- Since a domestic partnership isn’t federally recognized, you won’t be able to petition for a non-citizen partner. However, this is possible in a marriage.
- Transfer of assets is possible between married couples without necessarily paying estate taxes or gift taxes. But you will be required to pay these taxes if you did such a transfer in a domestic partnership.
- A domestic partnership often has issues concerning certain benefits and insurance policies (e.g., social security benefits, pension benefits). This is because domestic partnerships aren’t considered ‘family’ by law.
- Inheriting assets upon the death of a spouse is automatic without incurring any taxes during the transfer. However, this isn’t the case in a domestic partnership. Here, you can inherit a deceased spouse’s assets through a will and still be subject to taxes.
What Are the Benefits of a Domestic Partnership in Fresno?
Many people still choose domestic partnerships for a number of reasons. The top benefits include:
- Visitation rights in jail or hospital
- Right to family leave
- A legal alternative to marriage
- Full legal rights and obligations in raising a child born during the lifetime of the domestic partnership
- The ability to adopt a child born by a domestic partner before they entered the union
- Bereavement leave
- Taking your partner’s last name
All legal unions should be well understood. You can only do this by meeting a Fresno family law attorney who can explain your rights and what exceptions may apply to the new Domestic Partnership laws.
What Benefits Does a Marriage Carry Unavailable in A Domestic Partnership?
Marriage comes with numerous benefits. Marriage allows you to:
- Divide marital assets upon divorce
- Transfer an unlimited value of assets to your spouse tax-free
- Receive or give veterans, security, and pension benefits through your spouse
- Sponsor a partner who is not a U.S. citizen
- Inherit your spouse’s estate
- Receive financial aid from your spouse
- Adopt a child born outside the U.S.
Many people consider marriage to be a more serious and acceptable type of union. Therefore, many domestic partners might feel they are not respected as much as their married counterparts.
Marriage Vs. Domestic Partnership in California Community Property Law
Domestic partnership laws have been improved to match the benefits awarded in marriage. One significant change is that domestic partners are now liable for each other’s debt. This change in the law means that the courts can now order financial support in case of a dissolution.
The California community property system will apply to domestic partners just like marriage. This means a spouse can petition the court to intervene in a shared property dispute.
Is It Possible to File a Lawsuit in A Domestic Partnership Dispute?
A domestic partnership can be terminated just like a marriage. But if there are no disputes, children involved, or little property, this partnership can be terminated with the Secretary of State without having divorce litigation.
Let your Fresno domestic partnership lawyer inform you which special scenarios allow for nullifying a domestic partnership in California. You can also ask for help concerning organizing a prenuptial agreement, registering for a domestic partnership, or terminating the partnership.
Make The Right Choices Today with Your Partner
Getting into a marriage or a domestic partnership is a step you need careful consideration. With the help of experienced family law attorneys in Fresno, CA, you will understand the pros and cons of each, which will help you make the right choices.
Get more answers regarding marriage and domestic partnership issues. You will learn what rights, protections, and benefits relate to you. Talk to the Fresno family lawyers today for suitable family law solutions.
