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How to File for Dissolution of Domestic Partnership in California

However, if your domestic partnership was registered in a state other than California, a partner must have been a resident of California and the filing district for at least six months and at least three months immediately prior to filing the application. Although domestic partnerships have the same legal rights and restrictions as heterosexual marriages, there are still many differences in the dissolution of domestic partnerships. As with the dissolution of marriage, if you and your partner are looking for a quick and easy way to end your registered civil partnership, you may be able to file a summary dissolution application. To be eligible for summary dissolution of civil partnership, you must meet the following requirements: Under California Family Code Section 297.5, custody matters are treated in the same manner as divorce cases. Courts involved in the dissolution of domestic partnerships will always consider the best interests of the child when making custody and access orders. Under California Family Code Section 3011, the court will consider the following in determining what is in the best interests of the child: The conditions for filing a summary dissolution of the civil partnership are very strict. Many registered partners are not entitled to a summary dissolution of the civil partnership and have to go through a difficult procedure similar to divorce proceedings. Therefore, it is imperative that you seek the advice and representation of an experienced divorce lawyer to determine if you qualify for summary dissolution so that you can avoid the difficult divorce process whenever possible. You can only terminate your domestic partnership in this way if ALL of the requirements listed below are met at the time of submitting the form. Even if only one of the statements is not true, you cannot terminate the domestic partnership with the California Secretary of State and you must file a petition in Superior Court to terminate the domestic partnership. You may be able to file a summary dissolution application if you meet the requirements for the dissolution of the domestic partnership.

Once the termination of partnership form has been filed, a mandatory six-month waiting period applies. If these six months elapse without changing the mind of one of the partners, the registered partnership is dissolved. When ordering child support orders in a domestic partnership dissolution case, the courts weigh the same factors as in any other child support case. The courts will consider the following factors when issuing a support order: The procedure for dissolving a partnership is similar to the divorce procedure. A first application for dissolution, legal separation or legal annulment must be filed with the family court and served on your partner. Once the petition is delivered, your partner has thirty (30) days to respond. Depending on the complexity of your case, you may need to attend several hearings and even court proceedings to determine how to resolve issues of custody, access, child support, spousal support, and the division of assets and debts acquired during the family partnership. An experienced divorce lawyer can guide you through the process to achieve the best possible outcome.

Section 297.5 of the California Family Code states: “Registered life partners have the same rights, protections, benefits and are subject to the same responsibilities, duties and obligations. as granted and imposed on spouses. This means that, as with the dissolution of a marriage, there are three ways to terminate a registered partnership: divorce, legal separation and marriage annulment. An experienced family law lawyer can advise you on whether divorce, legal separation or annulment would be most beneficial to you. If you submitted your original Domestic Partnership Agreement to the San Francisco County Clerk. You must file your Notice of Completion form with the San Francisco County Clerk. Be sure to send or submit a copy of the notice of termination to the county clerk on the day the notice is filed with the county clerk. If you filed your original family partnership contract with a notary, you must submit your notice of termination of the partnership to a notary, and the copy of the notice must be sent to the partner and witnesses to whom you sent a copy of the original agreement. The partnership ends when: (1) one of the partners dies; 2.

One partner sends the other notice of termination of domestic partnership; 3) One of the partners gets married; or (4) the partners stop living together. Note: Your notice of termination of the partnership must be filed with the county clerk or notary before you can submit a new partnership agreement. However, if a party changes its mind about termination, it may revoke the termination. In this case, a notice of revocation of termination of the partnership must be submitted, and both parties must have a copy of the completed form.