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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2450
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Looking expertise with regards ***** ***** Domestic

Customer Question

Looking for legal expertise with regards ***** ***** Domestic Partnership guidelines - We are in a long time opposite sex/hetero relationship and for a myriad of reasons, we would like to legalize our status - however, due to personal convictions and reasons, do not wish to do this by getting married.
We thought we were all set to make this official when we found out that one of us has to be 62 years old?!!! How is this age restriction logical, rational and even possible and why, in this day and age are hetero couples not allowed to create a domestic partnership relationship given the amazing and long overdue changes for same sex relationship legal statuses?
Confused in Beverly Hills.
Would appreciate any info on the subject. Many thanks.
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
When the domestic partnership laws were created, it was to address the fact that gays and lesbians could not marry and also to protect seniors from losing certain federal benefits by getting married. Now that same sex marriage is the law, domestic partnerships are limited to senior citizens. Unfortunately, if someone younger wants the benefits of marriage, they must legally marry.
Customer: replied 1 year ago.
Appreciate your response - however with all due respect to our law makers, how is that not discriminatory itself? I've read the statute and it's extremely limiting in its ability to clarify any real reason as to why the rule remains in affect - 'just because' I'm not 62 (of soc.sec age) is essentially the argument - I refuse to believe that there is no other option for us - we are a faithfully committed couple in a 10 year (planning for lifelong) relationship and for different yet equally important reasons to the both of us, we're choosing not to get married - but we absolutely want to be able to take care of ourselves, both legally and financially, when the time, gfb, comes - am I to believe that we're being given no legal recourse to do so, other than marriage or start a campaign to change the statute itself? I'm a busy man who's time is extremely valuable but in no way shape or form would I not consider taking this issue on - head first - that said, I'm still holding out hope that there is an alternative and satisfactory solution for our situation, which I'm certain can't be rare. I understand that the answer I'm looking for may be out of the realm of this open communication and have taken steps to remedy that but any info you can share on the subject would still be greatly appreciated.Thank you.
Expert:  S. Kincaid replied 1 year ago.
It does discriminate, based on age. Discrimination is not always illegal. It depends on what group is being discriminated against (a historically oppressed classification gets more protection) and how important is the reason for discrimination. Age is not nearly as protected as race.
Expert:  S. Kincaid replied 1 year ago.
You certainly have the right to challenge the legality of the statute. I believe most legal professionals would not think you could prevail but you never know. You would start out by applying to be domestic partners and being denied. Then you would have to file suit based on the denial.