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Dissolution and Termination of Registered Domestic Partnerships

Dissolution and Termination of Registered Domestic Partnerships

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California treats registered domestic partnerships similar to the way marriages are treated. However, despite their many similarities, there are still a few big differences, some of which have yet to be addressed in family law courts. To smoothly navigate the complexities of your case, it is essential to hire an attorney who is experienced in handling dissolution of registered domestic partnership cases.

At Kraft Miles, A Law Corporation in San Fernando Valley, our team can guide you through this process. Call us today at (818) 462-5076 to set up a consultation.

How is a Dissolution of a Registered Domestic Partnership Similar to and Different from a Dissolution of Marriage?

Same sex couples who began as registered domestic partners and then married can toll (add together) the time they were registered domestic partners and time married to determine the duration of the relationship. The duration of the relationship will be used to determine what is community property and how long one may receive spousal or partner support. While California community property rights fully apply to registered domestic partners during and upon termination of their partnership, entitling each partner to half of the community estate, federal tax laws do not make the property transfers incident to the dissolution of a registered domestic partnership nontaxable because partners are not considered “spouses” under federal law.

Ending a Registered Domestic Partnership

When it comes to ending a registered domestic partnership, one of the biggest differences it has with ending a marriage is the residency requirement. When a married couple wishes to get divorced in California, one spouse must be a resident of the state for at least 6 months and of the county for at least 3 months. For registered domestic partnerships, however, there is no residency requirement as long as the domestic partnership was registered in California. If parties were both registered domestic partners and married, they can use one Petition to file for both a Dissolution of Marriage and a Dissolution of Registered Domestic Partnership.

Summary Dissolution of a Registered Domestic Partnership

Similar to a summary dissolution of marriage, there is also a summary dissolution of domestic partnership, essentially a “fast track” and less expensive way to end the relationship, wherein you will have to meet several requirements, including:

  • You and your partner (both) want to end the domestic partnership.
  • You were not registered as a domestic partner for more than 5 years.
  • You do not share any children, whether they were born or adopted.
  • Neither party is pregnant.
  • You do not own or rent any property together other than your current residence.
  • You do not owe more than $6,000 in debts (excluding vehicle loans).
  • You do not have separate property that is worth more than $38,000 (excluding vehicles).
  • You and your partner agree not to seek support from the other.
  • You and your partner signed an agreement regarding how you want your property to be divided.

As you can see, the requirements for a summary dissolution of a registered domestic partnership are quite strict and, as a result, many do not qualify. If you are unsure if you qualify for a summary dissolution of your registered domestic partnership, reach out to an attorney to discuss the details of your case.

Speak to an Experienced Family Law Attorney About Your Registered Domestic Partnership!

Ending a relationship is difficult no matter what, whether it be a marriage or a registered domestic partnership. At Kraft Miles, A Law Corporation in San Fernando Valley, we can assist you with either matter and ensure your interests are protected. With more than 60 years of combined experience, you can rely on our knowledgeable legal team to guide you through every step of your case.

Reach out to our law office today at (818) 462-5076 to request an initial case evaluation with one of our attorneys to get started.

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