Dissolution of Domestic Partnership is similar to getting a divorce. When a domestic partnership is terminated, the partners return to a status that they were before the partnership. Domestic partner obligations and benefits end with the domestic partnership dissolution.
Domestic Partnership Dissolution Laws
According to California Law, domestic partnership dissolution is possible through a Summary Dissolution or through a Superior Court proceeding. When a domestic partnership is terminated, the partners have the same rights, benefits and protections. They are also subject to the same responsibilities, duties and obligations that apply to the nullity of marriage, legal separation of spouses in a marriage, and dissolution of marriage.
Among the two, Summary Dissolution is the fastest and simplest way to get a dissolution of Domestic Partnership. Through this method, there’s no need to go to court. But it is still recommended to consult a divorce lawyer to have one’s interests protected during the proceedings.
Requirements for a Summary Dissolution of Domestic Partnership
Keep in mind that not every domestic partnership qualifies for a Summary Dissolution. To qualify for a Summary Dissolution, both parties must satisfy all of the following:
- Both parties want to end the domestic partnership;
- Have not been registered as a domestic partnership for more than five years;
- Have no children adopted or born before or during the partnership;
- Not an owner of buildings or land;
- Don’t rent buildings or land, except to where one is living at the moment and as long as it is not a lease or option to buy;
- Don’t owe more than $6,000 in loans, excluding car loans;
- Have less than $41,000 in property acquired during the course of domestic partnership, excluding cars;
- Don’t have separate property worth more than $41,000, excluding cars;
- Agreement that both partners don’t want support from each other; and
- Both parties signed domestic partnership forms and agreement that divides the property and debts.
The dissolution of Domestic Partnership is effective six months after the filing date of the Summary Dissolution with the secretary of state, as long as neither partner has filed with the secretary of state a notice of revocation of the termination, and mailed the other party a copy of the notice.
It should be noted that the court might set aside the domestic partnership dissolution, and declare it null and void if there is proof that the partners have not met the requirements set by California Law during the time of the filing.
It is important to consult with an experienced divorce and mediator attorney in Los Angeles if you are thinking of filing a Domestic Partnership dissolution. Contact Maureen Stubbs today to find out the best way to terminate your domestic partnership. She has more than 30 years of experience in the field and can provide you with legal help with regards to the dissolution of Domestic Partnership.