Oakland Domestic Partnership Attorneys
The Challenges of Same Sex and LGBT Law
Same Sex and LGBT Law is a new and burgeoning area of the law, and one that is far from settled. It's hard to give straightforward answers to same sex and LGBT clients, as much of the law is unclear and undefined in this area.
Domestic Partnership Registration
California Domestic Partnership Registration is inexpensive and relatively easy. If you wish to have essentially the same rights and responsibilties as heterosexual married couples have in California, you are encouraged to register as Registered Domestic Partners with the State of California.
You should first be aware of what those rights and responsibilities are, including community property and palimony, and make sure you want your relationship governed by those rights and responsibilities. Like heterosexual couples, if you wish to be Registered, but do not wish to be governed by community property or palimony laws, you may enter into a premarital or postmarital agreement to ensure that your Registered Domestic Partnership is legally governed in the way you want it to be.
Dissolution of a Domestic Partnership
Registered Domestic Partnerships can be dissolved in essentially the same way that marriages are dissolved, however, due to the Defense of Marriage Act ("DOMA"), there are federal law issues that may complicate the process, particularly in the areas of palimony, division of property, taxes and estate planning.
It is also important to note that a city-registered Domestic Partnership status may not have the same effects, rights, and responsibilities as a state-registered Domestic Partnership status, so it is important to know where and how you were registered and to let us know this when you meet with us.
As of today it appears that same sex couples who were married between June 16, 2008 and November 5, 2008 can be divorced in the same way that heterosexual couples are, however, the same DOMA issues can complicate the process for certain aspects of the divorce process.
Same sex couples who were married prior to June 16, 2008 or November 5, 2008 or after in a state other than California where same sex marriage is legal and have since relocated to California are strongly encouraged to become California Registered Domestic Partners, as it may be impossible as your attorney to protect your marriage-equivalent rights otherwise.
There are a number of informational services available to same sex couples and LGBT individuals that our office also relies on due to the lack of clarity in this field of the law, including the National Center for Lesbian Rights and Equality California.
Other Issues Unique to LGBT Cases
Other issues that come up specifically in LGBT cases include adoption and parentage cases, transgender law issues, healthcare, and estate planning including transfer of property at death.
At the Law Offices of William H. Bachrach we have a personal passion for same sex and LGBT rights. We are dedicated to serving this community, and will work with you and with all available resources to find answers to your questions and to enforce and fight for your rights.
If you think we may be able to help you with your domestic partnership or LGBT issue, please call us at (510) 465-1906 or write to us using the form on the left side of this page.
We look forward to hearing from you.