Same Sex Marriage and Divorce

Termination of a Domestic Partership in California

Leave a comment
California’s legal options for divorce extend to domestic partnerships registered in California as well as in other states. Termination of a domestic partnership in California is similar to the termination of a marriage with a few differences.

In order to terminate a marriage, California generally requires that a couple have resided in the state for at least 6 months prior to filing for divorce and at least three months in the county in which the divorce is filed. In the case of a domestic partnership that was not registered in California, these same residency requirements apply.

If the domestic partnership was registered in California, there are no residency requirements for dissolution of the partnership. This includes domestic partnerships that were registered in California where the parties no longer live in California or have never lived in California. By registering the domestic partnership in California, the parties have consented to California jurisdiction and no further residency is required. Note, however, that if neither party lives in California, the judge may have issues with ruling on matters such as partner support, debt and property, and child support. This is just one of the reasons why it is important to discuss your case with a lawyer with extensive experience with domestic partnership laws.

If the domestic partnership has been registered for less than 5 years, it may qualify for a “summary dissolution.” In order to qualify for a “summary dissolution” the following requirements apply:

• Both parties are in agreement to terminate the domestic partnership.
• The domestic partnership has been registered for less than 5 years.
• No children were born or adopted during the domestic partnership and no party is currently pregnant.
• Neither party own any part of land or buildings.
• Neither party rents any land or buildings (other than a current residence so long as it is less than a 1-year lease and there is no option to buy).
• The partners have not acquired more than $6,000 in debts since the date of registration of the domestic partnership (not including car loans).
• The total amount of property acquired during the domestic partnership is less than $41,000 (not including cars).
• Neither party has separate property worth more than $41,000 (not including cars).
• No partner is requesting support from the other.
• Both parties have signed an agreement dividing all of their debts and property or they attest that they have no debts or property together.

It is important to discuss the pros and cons of filing for dissolution of a domestic partnership with an experienced family law attorney. As termination of domestic partnerships in California presents unique issues, it is vital to seek the counsel of lawyers with extensive knowledge of California domestic partnership laws. Call the attorneys at the Law Offices of Judy L. Burger to find out how they can help you with your domestic partnership questions or other family law issues: (415) 293-8314.
The Basics of Domestic Partnerships in California
Uncategorized

The Basics of Domestic Partnerships in California

Leave a comment

California’s legal option for domestic partnerships remains intact for eligible partners who wish to “share one another’s lives in an intimate and committed relationship of mutual caring.” Domestic partnerships provide a viable alternative to marriage for those who meet the legal requirements.

A couple who wishes to register their domestic partnership must meet certain requirements under California law:

In addition, the people must either be of the same sex or at least one of the individuals must be older than 62. If either of the partners is less than 18 years old, either parental or judicial consent is required.

Domestic partnerships are registered with the California Secretary of State. After the necessary paperwork is filed, each partner has the “same rights, protections, and benefits,” as well as “the same responsibilities, obligations, and duties” as do married spouses. California law also provides domestic partners with protection against discrimination by state agencies.

California also offers registration of confidential domestic partnerships. While most domestic partnerships are a matter of public record, a confidential domestic partnership “is a permanent record that is not open to the public.” The members of a confidential domestic partnership may obtain a copy of their filing documents. However, no one else may obtain a copy unless they can produce a certified copy of a court order.

The United States Supreme Court’s opinion that required states to license same-sex marriages did not change California’s domestic partnership law. Couples may still take advantage of domestic partnerships to formalize their relationship if they so choose.

If you need the assistance of an experienced California family lawyer, the attorneys at the Law Offices of Judy L. Burger can help. Make the call today if you have questions about California family law: (415) 293-8314.