A domestic partnership is considered a legal union in California and, therefore, requires legal dissolution. It is critical to understand how the state laws work if you want to dissolve a domestic partnership registered in California.
There are some critical differences between filing for a divorce as domestic partners and a married couple. For starters, you cannot get a divorce or annulment as a domestic partner. The fastest way to terminate a domestic partnership is through a “summary dissolution.”
In California, you can file for a summary dissolution only if:
- Both you and your partner want to dissolve the relationship
- You don’t have any children together (born or adopted)
- You haven’t been a domestic partner for more than five years at the time of filing for relationship termination.
- You don’t rent or own property together
- You (or your partner) don’t want financial support after the termination
- You don’t have shared debt or mortgage over $6,000
- You don’t have more than $41,000 worth of separate property or $41,000 worth of shared property (not including vehicles).
Legal Separation For Domestic Partners
If you are concerned about child custody, support, asset protection, or property division, you may choose “general dissolution.” You can file a dissolution petition, similar to a traditional divorce. This petition allows each partner to use the California judicial system to reach a mutually agreeable agreement.
Alternatively, you can consider legal separation if you and your partner don’t want to dissolve the partnership but still want to go your separate ways. This option will allow you to live apart, divide the community property and debts, and determine child custody and financial support without ending the partnership.
Please note that if you and your domestic partner don’t live in California, the court may be unable to order issues like child custody and property division when you file to end the partnership in California. Talking to a divorce attorney with experience in California domestic partnership laws is essential in this case. Your attorney will review your case’s relevant facts and circumstances and provide the right legal advice.
