CONTENTS
I Do, Don't I?
Preface
Acknowledgments
Chapters
1
Marriage: What’s in a Word?
Marriage as a Social Construct
Marriage as a Contract
2 The Evolution of
Domestic Partnerships in California
Domestic Partners in California
3
The Social and Political Implications of Domestic Partnership for Gay Couples
Strangers in a Strange Land
Coming Out as Domestic Partners
4 AB 205 in a Nutshell
5
The Closet and the New Law
6 Becoming Domestic Partners
Reading AB 205
Requirements to be Domestic Partners
The Registration Process
7
AB 205's Impact on the Workplace
Benefits
Public Employee Benefits
Health Benefits
Other Employee Benefits
Cafeteria (Section 125) Plans
Family and Medical Leave
Domestic Partnerships Status Protected
Nepotism Policies
Unemployment Benefits for Relocating With One's Partner
8
Domestic Partnerships and Property Rights
The Unknown Issues
General Obligations Regarding Property
Types of Property
Debts
Federal Rights
and Interests Excluded
Re-characterizing Property
9
Domestic Partnerships and Parenting Rights
Stepparent Status
Medical Reproduction Technology
Adoptions
Legal Guardians
10
Domestic Partnerships, Estate Planning and Probate
Wills
Joint Tenancy
Inheritance Under a Will
Inheritance Without a Will
Estates Not Requiring Probate
Inclusion Rules
Basis
Gift Taxes
Powers of Attorney
Conservatorships
Trusts
The Safekeeping of Legal Documents
11
Terminating a Domestic Partnership: Summary Termination
Signature of Both Parties
No Children
Length of Partnership
No Real Property or Lease Longer Than One Year
Limit on Debts
Community Property Value
The Partners Have a Written Agreement and Have Signed All
Necessary Documents
Each Partner Waives Spousal Support
The Partners Have Read and Understand Information
on the Termination Process
Both Partners Want the Termination
Six-Month Waiting Period Required
Setting Aside the Summary Termination
The Importance of Compliance
12
Terminating a Domestic Partnership: Dissolution, Legal Separation and Nullity
Residency Requirements
Need for Additional Legal Action
Property Division
Retirement Plans
Spousal Support
Child Custody
Child Visitation
Child Support
Six-Month Waiting Period
13 Domestic Partnerships and Criminal Law
Spousal Privilege
Crime Victim Leave
Right to Use Force to Protect One's Spouse
Domestic Violence
Incarcerated Partners
Spouses of Public Officials
Filing a False Declaration of Domestic Partnerships
14
Some Last Thoughts on These New Beginnings
Appendices
A AB
205: The California Domestic Partner Rights and Responsibilities Act of
2003
B The
California Codes
C American
Psychological Association Resolution on Sexual Orientation and Marriage
D Spousal
Privilege Law
E The
California Insurance Equity Act
F Sample
Termination Agreement
G
Uniform Premarital Agreement Act
H California
Family Code section 4055: Formula for Statewide Uniform Guideline for Determining
Child Support
Index