Domestic Partnerships

At Scott D. Fisher & Associates, A Professional Corporation, we offer a wide array of services involving domestic partnerships and family law matters, including drafting domestic partnership agreements, cohabitation agreements, and prenuptial and postnuptial agreements, as well as guiding clients through the process of divorce, the dissolution of domestic partnerships, and the termination of cohabitation agreements. From our offices in Los Angeles and Palm Springs, we are well-positioned to assist clients located throughout Southern California.

Domestic Partnerships Agreements

Under California law same-sex couples, as well as heterosexual couples where at least one partner is 62 years old or older, have the right to enter into a domestic partnership if they meet the following requirements:

• They share a common residence;
• Neither partner is married or in a domestic partnership with another person;
• The partners are not related by blood;
• The partners are at least 18 years old; and
• The partners are both capable of consenting.

Although domestic partners are not legally married, registering a domestic partnership with the state entitles you to receive many of the rights and benefits given to married couples. However, whether or not you are registered as a domestic partner, you may benefit from having a domestic partnership agreement in place. In domestic partnership agreements, the partners can negotiate property rights and spousal support (commonly known as "palimony"), and even child custody support. In addition to assisting the LGBT community with all of their domestic partnership needs, we also assist them with estate planning, as well as business and real estate matters.

Cohabitation Agreements ("Marvins")

Couples who are living together but are neither married or registered domestic partners are known as "unmarried cohabitants." Unmarried cohabitants do not automatically acquire community property together like married couples do. However, they can negotiate a cohabitation agreement to define their rights and responsibilities in the relationship and provide proof of their intent to share their assets and incomes, or to divide property between them, upon the dissolution of the relationship.

Prenuptial & Postnuptial Agreements

Prenuptial agreements (commonly known as "prenups") are contracts made by spouses before a marriage, whereas postnuptial agreements ("postnups") are written after the marriage becomes official. Both agreements can help spouses determine their rights and responsibilities in their marriage, including such issues as the division of property, spousal support, and child custody and support.

Dissolutions

Our firm represents clients in the dissolution of all types of relationships, including the relationships of married spouses, registered and unregistered domestic partners, and cohabiting partners.

• Divorce: In many cases, it may be beneficial for spouses to utilize our experience in negotiation and mediation to work out an amicable marital settlement agreement.  If you and your spouse are unable to come to an agreement, we will aggressively advocate for your interests in court.
• Domestic Partnership Dissolutions: Our firm assists registered and unregistered partners who have domestic partnership agreements, as well as those who do not, in dissolving their domestic partnerships. As an experienced domestic partnership mediator, firm founder Scott D. Fisher has helped many former domestic partners work out amicable dissolutions.
• Cohabitation Claims: When unmarried cohabitants dissolve their relationship, they may be able to sue for support, often called "palimony," based on the existence of a contract that grants the cohabitants rights to share in each other's property or obliges the spouses to support each other. This "contract" may be express (written), oral, or implied. In California, dissolving a cohabitation arrangement is very different than dissolving a marriage because it is based on contractual or equitable remedies, and consequently it is essential to consult with an attorney who understands these important distinctions.

Southern California Domestic Partnership Attorneys

At Scott D. Fisher & Associates, we strive to provide our clients with personalized legal services in domestic partnership and other family law matters. For experienced representation in your matter, contact our Los Angeles or Palm Springs offices for a free initial consultation.