Domestic partnership dissolution california follows a process closely parallel to divorce but uses different forms and has some specific rules that apply only to registered domestic partnerships. Whether you registered your partnership with the California Secretary of State as a same-sex couple or as an opposite-sex couple where at least one partner is over 62, the legal process for ending the partnership requires formal court proceedings — the partnership does not simply end because the couple separates.
How to Dissolve a Domestic Partnership in California
How to dissolve a domestic partnership california involves filing a Petition for Dissolution of Domestic Partnership (form DP-1 rather than FL-100) with the superior court in the county where either partner lives. The same residency requirements apply as for divorce — at least one partner must have lived in California for six months and in the filing county for three months. The same six-month waiting period applies after service of the petition before a judgment can be entered.
Terminating domestic partnership california requires addressing the same issues as divorce: division of community property and debts; spousal support (called "domestic partner support" but governed by the same Family Code standards); and if the partners have children together, custody and child support. California's community property laws apply to registered domestic partnerships in the same way they apply to marriages.
Summary Dissolution for Registered Domestic Partners
Registered domestic partnership dissolution california can use the summary dissolution procedure under Family Code section 2400 if the partnership meets eligibility criteria: the partnership lasted fewer than five years; no children were born or adopted; limited community property and debts; both partners waive spousal support; and both partners agree. Domestic partnership divorce california through summary dissolution is the simplest dissolution procedure — both partners file a Joint Petition for Summary Dissolution (form DP-1) and wait the six-month period without appearing in court.
End Domestic Partnership California — Secretary of State Option
Some domestic partnerships registered with the California Secretary of State — those that meet specific criteria — can be terminated by filing a Notice of Termination of Domestic Partnership directly with the Secretary of State without going through the courts. This option is only available when: the partnership lasted fewer than five years; no children; limited assets and debts; and neither partner is pregnant. This is a simpler administrative procedure but not all domestic partnerships qualify, and it does not resolve property division or support issues between the partners.
Furubotten Law, APC handles domestic partnership dissolution proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.