Q: Can my partner and I register as domestic partners in California if we don't live together?

A: In California, domestic partners are not required to live together in order to register as domestic partners. California Family Code Section 297 lists the requirements for domestic partnership, which include:

1. Both persons have a common residence.

2. Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.

3. The two persons are not related by blood in a way that would prevent them from being married to each other in this state.

4. Both persons are at least 18 years of age, except as provided in Section 297.1.

5. Either of the following:

a. Both persons are members of the same sex.

b. One or both of the persons meet the eligibility criteria under Title II of the Social Security Act as defined in Section 402(a) of Title 42 of the United States Code for old-age insurance benefits or Title XVI of the Social Security Act as defined in Section 1381 of Title 42 of the United States Code for aged individuals.

The term "common residence" in the first requirement does not necessarily mean that the partners must physically live together. It can be interpreted as a shared residence that both partners consider their home, even if one or both partners have additional separate residences.

However, to avoid any confusion or potential issues, it's advisable to consult with a local legal professional or contact the California Secretary of State's office for clarification on how the "common residence" requirement is applied in practice when registering as domestic partners.