How To End a Domestic Partnership in California

The state of Califonia allows for same-sex couples to enter into a relationship recognized by the state in the same way as a traditional marriage would be. All of the benefits and laws that apply to marriage apply to a domestic partnership as well. While these two types of relationships share many similarities, the process to end or dissolve a domestic partnership can be a slightly different process. One can end a domestic partnership through the divorce or annulment process in the same way as a marriage. However, a domestic partnership can also be terminated in a shorter amount of time by filing a Termination of Domestic Partnership if certain circumstances are met. This article will discuss the different ways in which a domestic partnership can be brought to an end. Additionally, it will briefly touch on topics such as spousal support and child custody.

How Does One End a Domestic Partnership in California?

Ending a domestic partnership in California can be done in one of three ways. Two of the processes take a minimum of six months to complete. These are the Petition to Dissolve a Domestic Partnership (6x) and the Petition to Nullify a Domestic Partnership. The process for dissolving or nullifying a domestic partnership is the same as if the partners were married. If one is looking for a faster process, they may pursue a Summary Dissolution also known as a Notice of Termination of a Domestic Partnership (4), but this has a strict set of requirements that must be met, as discussed below.

Notice of Termination of a Domestic Partnership or a Summary Dissolution

Both partners have read this brochure (3) and understand it.
Both partners want to terminate the domestic partnership.
The partners have not been registered as domestic partners for more than 5 years.
No children were born to or adopted by the partners before or during the domestic partnership.
Neither partner is currently pregnant.
Neither partner owns any part of the land or buildings.
Neither partner is renting any land or buildings (Excluding the residence of either partner. Additionally, any lease will not include a purchase option and will end within one year of filing the Notice of Termination of Domestic Partnership form).
The community obligations of the partners are not more than $6,000. (Excluding cars.)
The worth of Community property does not exceed $47,000, not including cars or loans.
Neither partner owns separate property worth more than $47,000, excluding cars and loans.
The partners have prepared and signed a property settlement agreement prior to the submission of the Notice of Termination of
Domestic Partnership form stating how community property possessions and community obligations will be divided or that there are none to be divided.
Neither partner wants spousal support except for what is included in the property settlement agreement.

If all of these requirements are met, one may file a Notice of Termination with the California Secretary of State. The document must be signed by both partners. If six months pass without the filing of a Revocation of a Notice of A Domestic Partnership, the partnership will be terminated.

Petition to Nullify a Domestic Partnership

Note, if one nullifies a partnership, it is as if the domestic partnership never existed. This is the same as an annulment for a marriage. Any community property or children of the partnership no longer have a connection to the partnership. As such, assets must be divided by the partners themselves and paternity must be established through the court.

The petitioner must fill out these court forms: Petition — Marriage/Domestic Partnership (Form FL-100)- this form will contain details about the marriage or partnership as well as the grounds one is filing an annulment under and any other court orders. Summons (Form FL-110)- this form contains details and restraining orders that both spouses must abide to. It governs moving assets, property, money, and children without the others consent. *If children under the age of 18 are involved fill out Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105/GC-120)
File a Declaration (Form MC-030) and the Attached Declaration (Form MC-031) to declare the intent of annulment. This document is signed under oath and could result in perjury if false. This document should detail why one is asking for an annulment, and it should contain specific details pertaining to the specific circumstance.
Have the forms reviewed by either a lawyer familiar with family law or by the family court facilitator. This could help save time and money that would otherwise be spent refiling the forms in the correct manner.
Ask the court clerk if there are any required local forms.
Make at least 3 copies of the forms. One for the judge, one for the other spouse, and one to keep. The original will also go to the court.
File both the originals and the copies with the court. The clerk will keep the original and stamp the copies as filed. There is a filing fee around $435, but this can be waived by filing a fee waiver form if one is suffering from financial hardship.
Serve a copy of all of the filed papers, aside from the fee waiver if applicable, to the other spouse. These can be served by any adult aside from oneself. One could also serve by mail with additional documentation.
Additionally, attach a blank Response (Form FL-120), and a blank Declaration Under Child Custody Jurisdiction and
Enforcement Act (Form FL-105/GC-120) if one has children under the age of 18.
Wait 30 day for a response from the other spouse.
Finally, ask for a court hearing where the judge will review the documents and make a determination. Remember, in an annulment, the judge is not responsible for dividing assets as the marriage will have never existed if the annulment is granted.

Petition to Dissolve a Domestic Partnership

One spouse files a petition to dissolve the domestic partnership with the local court and then serves it to the other spouse

The other spouse or the respondent then must file a petition in response within 30 days
At this point, a spouse can request temporary court orders and an Order to Show Cause. At this initial hearing, a judge will decide temporary child custody, child support, alimony, child support, and restraining orders
Next, the spouses enter the discovery period of the hearing where relevant documents and information are exchanged. These include income reports, expense reports, tax documents, and other assets. Additionally, a Preliminary Declaration of Disclosure is filed which lists the community and separate property of each spouse.
The discovery period is followed by settlement. In the settlement period, attorneys, mediators, and or spouses try to reach a final decision on the dissolution case. If the case is resolved by agreement, an attorney or family law facilitator must produce a Marital
Settlement Agreement. This will include the stipulations, initial payments, and distribution of assets and debts. This contract is then signed by the spouses and their representatives.
If a clear and full agreement is not reached between the spouses, the judge will convene a trial.
After the Marital Settlement Agreement is signed or when the trial concludes, an attorney or the family law facilitator will prepare a
Judgment of Dissolution of Marriage. This document records the court orders set in place and bears the name of the spouses and the officiators of the contract. It will then be filed and the dissolution will be finalized.

Spousal Support and Child Custody

Oftentimes, ending a partnership will lead to child support or alimony being awarded to the spouse who cares for the children the most and the spouse who has a lower income or needs more support, respectively.

Child Support

Child support is awarded in cases where one spouse has primary care for the children. For example, if one spouse only has the children every other weekend, they would likely pay support to the other spouse who cares for the children on a more regular basis. The child support is then used to pay for food, clothes, education, and other regular needs. If one falls behind on child support payments, they could be found in contempt of court since the ending of a domestic partnership and child support is a court order. Additionally, they could face measures such as wage garnishments and bank holds that work to ensure the other spouse receives payment. Child support ends when a child turns 18. If the child is still in school and living at home, child support ends when they turn 19 or graduate, whichever comes first.

Alimony

Alimony is awarded from one spouse to another and is also referred to as spousal support in the state of California. Alimony can be one of three forms. Temporary, this alimony lasts until the partnership is dissolved or another type of support is awarded. It is meant to support the spouse during the court proceedings so they can re-enter the workforce. Rehabilitative, this type of alimony is awarded to provide the supported spouse with the funds necessary to receive training and learn skills through programs and education so they can re-enter the workforce. Rehabilitative alimony ends when the spouse re-enters the workforce. The last type of alimony is permanent alimony. It is awarded to maintain the supported spouse at the marital standard of living. It is normally awarded in cases where a spouse is too old or unable to re-enter the workforce. Permanent alimony ends after a time determined by the judge, usually half of the marriage lifespan. All types of alimony end when one spouse dies or when the supported spouse remarries.

Child Custody

After a domestic partnership is dissolved or terminated, custody of any children related to the partners will have to be decided. This process is the same as the child custody process for a divorce. SImilarly, if the domestic partnership is nullified, paternity will have to be established and then child custody will be decided. The process of establishing paternity normally decides custody as well. Custody does not require a court order. However, if one parent feels they are being treated unfairly, a parent does not want the children to spend time with the other parent, or if a parent believes the other is keeping the child away from them for no good reason, the plaintiff parent may file for child custody. When filing for custody, the following factors will play a part in the court’s decision:

The child’s age
The Child’s health
The emotional ties between each parent and the child
The parent’s capability to care for the child
Any history of family abuse, substance abuse, or child abuse
The child’s tie to the community, their school, and the area they reside

Contact Pride Legal

If you or a loved one has been wanting to end their domestic partnership, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.