1390 Market St., Suite 818
San Francisco, CA 94102
Phone: (415) 863-5300
Fax: (415) 863-8596

Domestic Partnerships & Gay Marriage

Certified Family Law Specialist & Expert Mediator

“My partner died of AIDS last year. Since he came out to his family ten years ago, they have refused to have anything to do with him. John and I were together for 8 years and had a wonderful relationship. He came to you several years ago to ask for help in preparing a will and a trust.

You sat patiently with John, answering his questions, preparing draft after draft, and working with him to develop a Living Trust. When he died, I became the executor of his will and the Successor Trustee of his Trust.

When his father arrived, declaring that John's death was "retribution for his evil ways" and demanding that I turn over John's belongings to him, I was able to refer them to you. At a time that I was grieving over the loss of my partner, you were able to keep the vultures away.”

—P.O., San Francisco

For same sex couples, California is indeed the “Golden State.” While same sex marriage is still a hotly debated issue, California is one of the most progressive states in the nation, having passed Domestic Partnership legislation in 2001: giving the option of legal recognition to Domestic Partners after years of hard work and political advocacy.

With these historic rights won by lesbian and gay couples, come responsibilities as well. Our job as family law attorneys is to help you understand the new laws as they apply to your particular situation.

If you are a couple that has registered or is considering registration with the State under California's Domestic Partnership law, you need to understand what it means for you and your partner. Registration provides certain rights formerly reserved for married couples, such as:

The right to use step-parent adoption procedures
Health care and medical emergency rights
Protections upon the death of a partner
Access to life and car insurance
Employment benefits (including health insurance)

Registration also has responsibilities. It is critical that you understand these, and consider legal counsel to guide you through the process. These include:

Liability for each other's debts, including medical expenses
Equal ownership of community assets encompassing purchases made during the term of the registered partnership
The duty to provide "spousal support" should the relationship end
The fact that the partners individual incomes is considered community property

Additionally, the relationship of registered Domestic Partners may only be terminated in family court.

All of this is unfamiliar territory for same sex couples who have long lived outside of legal rights and responsibilities, and is a new area of family law.