Domestic Partnership and the Putative Spouse Doctrine

Domestic Partnership

Domestic Partnership and the Putative Spouse Doctrine

In re: the Domestic Partnership of Ellis and Arriaga involved the newly enacted laws governing domestic partnership and whether the putative spouse doctrine applied to domestic partnerships.

In this case one partner, Darrin Ellis, filed a petition for dissolution of domestic partnership with his partner, David Arriaga. Ellis believed the declaration of partnership had been filed with the Secretary of State after the couple had signed and notarized the necessary documents.

During the family law proceedings, Arriaga filed a motion to dismiss the petition, because the declaration of partnership had never been filed with the Secretary of State. Ellis argued even if the declaration had never been filed with the Secretary of State, he would qualify as a partner under the putative spouse doctrine. The family law judge dismissed the proceedings concluding that the putative spouse doctrine did not apply to domestic partnership. Ellis appealed the decision.

The Fourth Appellate District Court agreed with Ellis and held that the putative spouse doctrine does in fact apply to domestic partners.

If you need legal advice and are looking for a family law lawyer in Orange County to address domestic partnership or a dissolution issue such as child support, legal separation, annulment, custody, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not address other factors which may play a significant role in a particular dissolution. Circumstances in your divorce may alter the results in your dissolution.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.

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