As Drake and Dwight’s relationship grew stronger, they decided to register their domestic partnership with the California Secretary of State’s office. However, they then separated four years later. They didn’t know whether you could formally dissolve a domestic partnership but soon learned that divorce is possible. In fact, there are several forms of divorce available including something called ‘summary dissolution.’ Sometimes summary dissolution of a domestic partnership is the best option for everyone.
As of January 1, 2020, the Domestic Partnership Registry changed so that “all couples regardless of age or sexual orientation that are eligible to be married may register with the California Secretary of State as domestic partners.” However, we will focus on same-sex couples in this article.
Domestic Partnerships vs. Same-Sex Marriage
In California, couples who qualify may register their relationship with the Domestic Partners Registry. As with traditional marriage, there are some rules and regulations to follow. For example, a domestic partnership must be between two adults, neither person can be married to someone else at the time, and they must be capable of consenting to the relationship.
Same-sex marriages and domestic partnerships are not the same. Couples who plan to marry must get a marriage license and follow the same requirements, whether they are same-sex or opposite-sex.
There are also key differences in the way that marriage and domestic partnership can be dissolved.
Summary Dissolution, One Form of Divorce
One fast, relatively easy way to divorce is the summary dissolution. However, not every couple can use this method to terminate their relationship.
To qualify for summary dissolution, a domestic partnership couple must:
- Both want to terminate their relationship
- Have been registered as a domestic partnership for less than five years
- Have no children, natural or adopted
- Not own any land or buildings
- Owe less than $6,000 not including car loans
- Not own more than $43,000 in separate property
Couples must also have signed an agreement dividing property and debt or a statement staying there is not community property or debt to divide.
For summary dissolution, domestic partners complete the proper forms and file them with the Secretary of State’s Sacramento Office. The domestic partnership is dissolved six months from the day the Notice of Termination of Domestic Partnership was filed.
Is Summary Dissolution of Your Domestic Partnership Possible?
Yes, but hammering out the details may be difficult without help. Talk to an experienced California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.
Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Diego, San Jose, Gold River (Sacramento), and surrounding communities.