Same Sex Agreements: Southern California Marriage and Domestic Partnerships
Learn about Orange County Domestic Partnership Same Sex Agreements. California law allows two individuals of any sex or gender to marry or to enter a domestic partnership. However, because of the Defense of Marriage Act, same sex marriages are not federally recognized, and each state has the power to decide whether or not to allow same sex marriages, and whether or not to recognize same sex marriages that have been granted under the laws of other states.
This leads to some complications when it comes to creating premarital or postnuptial agreements, getting a legal separation or divorce, child custody, and dealing with finances, insurance, and more.
If you and your partner do decide that marriage or a domestic partnership is the right option for you, you can do either one in California, regardless of sex or gender. However, same sex marriages and domestic partnerships do require special considerations, especially if you plan to leave California, pay taxes, or own property outside of California. There are several things to consider before deciding whether marriage, a domestic partnership, or another option is right for you.
Considerations for Same Sex Marriage or a Domestic Partnership in California
Are you planning to have children? Consider the responsibilities that come with raising children that could be affected by the law. Child custody, child support, visitation rights, insurance coverage, inheritances, and the death of a parent while the child is a minor could all affect your child. In California, the marriage of two people, regardless of sex or gender, can allow for joint coverage and rights regarding all of the above. However, moving out of state may require you to take a step further and discuss legal adoptions, estate planning, and more.
Do you own property? In the case that you decide to divorce or end your domestic partnership, owning property in another state could affect your property settlement agreement. It is important to discuss your options with a knowledgeable same sex agreement lawyer in California when it comes to the legalities of ownership and same sex marriage.
Are your estate plans in order? Do you have a prenuptial agreement? In many cases, these documents can override state law. They are intended to allow you to determine the way your estate and your possible divorce will be handled, rather than following the standard procedures set by the law. It is important to have these documents filled out, especially if federal law or the law of another state will be handling your affairs at any time.
Contact a Same Sex Agreements Lawyer in Southern California
At Yanez & Associates, our compassionate team is ready to help you understand the implications of same sex marriage law in the United States and in California. Our experience extends from family and marriage law to estate planning law, and we can help you create a premarital agreement, postnuptial agreement, property settlement agreement, and any other documents you need to legally enforce your rights. Contact us today to schedule your free initial consultation.