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Domestic Partnership in California
In California, an alternative to marriage exists in the form of a Domestic Partnership. Only two classes of people can register as domestic partners:
Both parties wishing to form the Domestic Partnership must file a Declaration of Domestic Partnership with the Secretary of State (filing with the City or County will not suffice!) and both parties must meet the additional requirements of:
Once a Domestic Partnership is registered with the State, the partners have the same benefits and responsibilities as do married persons, both during the partnership and after the partnership is dissolved by either dissolution or death. Upon the filing of the Domestic Partnership registration, either or both parties may elect to change their middle or last name to reflect the new name they wish to be known by. This is not a requirement but rather is an option if desired by either party.
If you wish to know more about the process of registering as a domestic partner, see the website for the Secretary of State.
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Domestic Partnership in California
In a summary dissolution, a hearing with the judge is typically not needed. A marriage of five years or less may be ended by summary dissolution, which is a simplified procedure to terminate a marriage in the state of California. With a summary dissolution, a joint petition is filed when 1) either spouse meets the standard residency requirement, 2) the marriage is irretrievably broken down due to irreconcilable differences, 3) the marriage is childless, 4) the wife is not pregnant, 5) neither spouse owns real estate, 6) there are no unpaid debts greater than $4,000, 7) the total value of community property is less than $25,000, 8) neither spouse has separate property (excluding cars and loans) of greater than $25,000, 9) the spouses have reached an agreement regarding the division and distributions of assets and liabilities, 10) both waive their rights to maintenance and appeal; 11) both have read a brochure about summary dissolution and 12) both desire to end the marriage.
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