Guide to Ending a Domestic Partnership in California

An Overview of Domestic Partnerships in California

California law allows registered domestic partners who have a close personal relationship to have the same rights and responsibilities as married couples, but certain eligibility requirements must be met. According to the California Secretary of State, same-sex and heterosexual couples can apply for a domestic partnership in California if they meet certain criteria:
• The two persons share a common residence;
• The two persons have chosen to share one another’s lives in an intimate and committed relationship of mutual caring; and
• The two persons are at least 18 years of age, except as authorized by court order.
If the two applicants are already registered as domestic partners in another state, California will accept the registration in lieu of the application, according to the California Secretary of State.
California recognizes two types of domestic partnerships: same-sex domestic partnerships and opposite-sex domestic partnerships. However, the eligibility requirements differ for both. To qualify for a same-sex domestic partnership, both persons must be at least 18 years of age and share a common residence. It is also extended to those persons who are: 1) in a relationship where one or both persons are over the age of 62, 2) persons with a previous domestic partnership and 3) members of a family who have been together for approximately six months , but for whom marriage would be damaging to the family unit.
To qualify for an opposite-sex domestic partnership, one of the partners must be either 1) age 62 or older, 2) an individual who has been in prior partnership relationships which have ended as stated in Family Code Sections 297.5(a)(1) – (3) or 3) persons who would suffer a "significant disadvantage" if they married.
According to the Family Code Section 297 and 297.5, once a domestic partnership couple submits a declaration of domestic partnership, they enjoy the same rights and obligations, including spousal rights and obligations except for family support, as married spouses. However, this is not the case for opposite-sex couples who register for a domestic partnership.
In other words, a domestic partnership in California is only recognized for same-sex couples. In June 2013, the United States Supreme Court ruled that same-sex marriages performed in states were invalid due to the Defense of Marriage Act, but did not rule on the constitutionality of same-sex marriages in California. This means same-sex domestic partners within California enjoy the same legal rights and responsibilities as married spouses, such as child custody and financial support, worker’s compensation, healthcare coverage, state income tax and other benefits, according to the California Secretary of State.

How to End Your California Domestic Partnership

In California, there are three methods to dissolve a domestic partner:

• Revocation of Domestic Partnership
• Summary Dissolution of Domestic Partnership
• Regular Dissolution of Domestic Partnership

Each method depends on whether the domestic partners have minor children, property, or debts.
For domestic partners who form a partnership but do not yet have domestic partnership agreements, they can also revoke their domestic partnership by filing Form DP-3 – Revocation of Domestic Partnership. Both partners must sign the form and it must be filed with the Secretary of State.
For those couples who do have domestic partnership agreements, there are two ways to dissolve them. For those who have minor children, property and/or debts, a regular dissolution is the correct way to terminate the domestic partnership.

• Domestic Partnership Summons (Form FL-600) – This must be served on the domestic partner.
• Petition for Dissolution of Domestic Partnership (Form FL-610) – The petition needs to be filed with the Court. It must be accompanied by the Domestic Partnership Summons.
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105)
• Declaration of Disclosure (Form FL-140)
• Income and Expense Declaration (Form FL-150) – If the parties do not have children, they can file Form FL-143 – Simplified Financial Statement instead.
• Property Declaration (Form FL-142) – This must be attached to the income and expense declaration.
• Spousal Support Order/Attachment to Judgement (Form FL-350) – This form is only for default judgment.
• Request to Enter Default (Form FL-230) – Must be filed.
• Judgment Package – The Judgment Packet includes all of the following:

Judgment of Dissolution of Domestic Partnership and Conditional Judgment (Form FL-180)
Request to Enter Default (Form FL-230) – Must be filed.
Judgment Regarding Partition of Real Property (Form FL-180(PC))
Joinder of Spouse or Domestic Partner in Attachment to Judgment (Form FL-180)
Forms FL-141 through FL-153
Proof of Service of Declaration of Disclosure (Form FL-330)
Notice of Entry of Judgment (Standard Family Law Number 5.2)
I acknowledge that I am the partner/party in the court action and that a copy of the Judgment of Dissolution of Domestic Partnership was mailed to my attorney or me.
Interspousal Agreement or Revocation of Premarital Agreement or Judgment on Reserved Issues (if applicable)
Request for Production of Exhibits (Form FL-335)
Request to Waive Court Fees (Form FW-001)
Financial Statement (Simplified) (Form FL-155)
Notice of Entry of Judgment (Family Law-Uniform Parentage – Custody – Support Number 6).
Parties who do not have children and do not want to wait for a year can also apply for a summary dissolution. The procedure for filing and serving a summary dissolution is the same as it would be for a regular dissolution. The only difference is that a summary dissolution does not involve a judgment hearing.

The Legal Considerations

There are specific prerequisites that a person must meet in order to be eligible to dissolve their domestic partnership in California. For example, at least one of the parties to the domestic partnership must meet the residency requirement. Pursuant to Family Code Section 2700, the residency requirement for either party to the domestic partnership is five (5) weeks.
The law also requires that if there are children of the domestic partnership, and the domestic partnership is dissolved by way of a judgment, that the dissolution of the domestic partnership be reviewed by a judge. In addition, if the parties have children, the law requires that the parties read the "Notice to Persons Petitioning to Have a De Facto Parent Relationship Established or Terminated," prior to filing the Petition. If there are minor children of the domestic partnership, it is mandatory that the parties attend an educational seminar in the county in which the case is filed, and within the six months preceding the filing of the Petition or Response to Petition to dissolve the domestic partnership. The court will also inquire into the parties’ progress in completing the seminar during the initial hearings for bifurcation or final status only hearings. In addition, the parties may be required to attend classif formal mediation, or both with respect to the minor children of the parties.

The Filing of the Notice of Termination

After both parties have signed the Notice of Termination and prepared the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (if applicable), at least one party must file the Notice with the California Secretary of State’s office. The filing fee is $70. If you want a certified copy it costs an additional $5. The person filing will be asked for their signature and the date, and the form will be stamped by the Secretary of State’s office. It is a good idea to make multiple copies of the filed form, especially if there are children of the domestic partnership. An actual court filed copy must be provided to any county child support agency, as well as the Department of Child Support Services if receiving or providing child support.

Financial and Property Issues

In addition to spousal support (or spousal support for Domestic Partners, spousal support for Registered Domestic Partners or palimony), when dissolving a domestic partnership, the partners may have to provide proof that they do not have any community debts in the divorce or legal separation petition. Since California is generally a community property state with respect to domestic partnerships and registered domestic partnerships, the law presumes that such debts are acquired on behalf of each partner during the relationship and through labor and the use of either partner’s abilities.
If one partner is attempting to prove up that there are no debts or claims not arising from business debts or loans, it means that he or she wants the domestic partnership assets divided in such a way that ignores business debts and business ownership and only includes personal debts and personal assets .
The partner asserting that there are no debts or claims must provide factual evidence in the form of an affidavit (form FL-146) or by in-court testimony. In some cases, the court may appoint an auditor or accountant to review the records and establish that such debt does or does not exist.
The court must then determine the value of the property according to the reasonable trade-in or fair market value. If awards of money or property are made by the court, they equitably divided unless it is a specific property award of money whereby the other partner is either given additional money or collateral to see the property award made.
Finally, the court in enforcing the break-up of the partnership verifies that such allotments and valuations are fair and equitable. Once a determination is made, the division becomes final unless an appeal is taken from an Order awarding spousal support, debt liability or property awards.

Custody and Support Considerations

A common question that arises when dissolving a domestic partnership in California is regarding the impact on child custody and support. A couple will generally have to make arrangements for custody, visitation, and child support similar to those that would take place in a dissolution of marriage. Parents can agree to these arrangements, or an order can be sought from the court.
Support issues will depend upon the facts of the case. In some circumstances, a partner may have a spousal support obligation despite the fact that the parties were not married. This and other support issues are an important reason to consult with an experienced family law attorney about your situation.

Getting Help

A domestic partnership dissolution can be an emotionally charged process. If you need help with this type of dissolution, you have some key choices, including hiring a private attorney or seeking assistance from a mediator or a qualified family lawyer or counselor.
You should always seek the counsel of an attorney or a qualified legal professional if you’re not sure where you stand in your case. A good family law attorney can give you an estimate of your rights and obligations during and after the dissolution, so you’re able to negotiate in good faith and with an understanding of what you can expect out of the process.
An attorney can also provide you with advice if you are worried about the actions of your domestic partner or if you suspect he or she will try to hide or devalue assets during a divorce. He or she may also have experience dealing with seated domestic partners who refuse to cooperate, and he or she can help you plan your strategy accordingly.
When it comes time to choose an attorney, you have a variety of options. To find the best lawyer for your case, consider interviewing several attorneys that you have scheduled consultations with until you find one that feels right. During the interview, ask about their experience levels, fees and any other questions you might have. You should also make sure the lawyer you hire is licensed to practice law in California.
If you and your partner agree to dissolve your domestic partnership amicably, you may want to consider a joint petition based on an "immediate preparation" or "summary dissolution" of marriage. Simply put, this type of procedure requires both partners to work together to file the necessary forms and court petitions. Once both parties have completed their respective forms, the court will decide the validity of the forms.
Some of the potential benefits of A joint petition approach include the following:
• The fee for filing a joint petition can be less than the filing fees of other forms of separation
• The use of a joint petition can help eliminate much of the frustration and stress related to typical dissolution proceedings
• It can reduce a person’s fear and anxiety about the dissolution process, while also providing immediate relief from spousal or partner support obligation.
Still, it is vital for both partners to remember during this process that everything should be fair and reasonable, and the agreement should be very clear and straightforward.

Completing the Dissolution

When the court receives the form to be filed, in approximately thirty (30) to sixty (60) days it will send out a final judgment packet with instructions. The party who is not in the home has to have this judgment packet completed and returned to the court within fifteen (15) days. The court will then mail out the Judgment of Dissolution of Domestic Partnership (file-stamped and official) to the party who filed the original Dissolution Petition , or whichever party included the request for judgment at the bottom of the original form. The dissolution is effective six (6) months after this Judgment is filed with the court.