Legal Question in Family Law in California
If I was pressured into becoming a domestic partner with someone, is the partnership considered illegal or null and void?
2 Answers from Attorneys
If the pressure is considered by the courts as qualifying entering into the domestic partnership by ' threat or durress' then you might be able to set aside the partnership by court order.
Ms. Kock is correct. The standard for "threat or duress," however, is higher than most people usually think of. For example, "I will break up with you if you don't enter into a domestic partnership" is a threat, but not one the courts will recognize as serious enough to void the resulting domestic partnership. Similarly, "I won't help pay for your medical needs unless you enter into a domestic partnership with me so I can get insurance coverage on you," is a form of duress, but again not to the level of voiding the domestic partnership. The threat or duress must basically be nearly life threatening or so serious that no reasonable person could be expected to choose the consequences of not complying with the demand to enter into the domestic partnership rather than give in to the demand.