How to Dissolve an NYC Domestic Partnership: A Comprehensive Guide

Domestic Partnerships: An Overview

In New York City, a domestic partnership is a formally recognized relationship between two individuals who are not married but who have chosen to live together and share a domestic life. Domestic partnerships provide many of the same legal benefits as marriage, but there are notable differences between the two.
Domestic partnership was created by ordinance rather than state law. Under NYC law, domestic partnerships are available to both opposite-sex and same-sex couples. Domestic partners in NYC may be granted the right to make medical decisions for one another, participate in family health insurance plans, and enjoy other employment and housing associated benefits under the law. In NYC, a domestic partnership must be registered with the city government , including the NYC Domestic Partnership Registry.
Although the legal benefits afforded to domestic partnerships are extensive, they remain less comprehensive than those provided to marriages. For example, domestic partnership does not entitle partners to file joint state income tax returns. This is because income tax law is governed at the state level. Because the income tax law distinguishes between domestic partners and married couples, the legal status of marriage provides individuals with a larger illusory tax break than that available to domestic partners.
New York State law now recognizes same-sex marriages. Thus, all couples—including those previously in a domestic partnership—may seek to marry if they so choose. While the formation of a marriage requires a license and a wedding ceremony, there is no legal requirement to enter into a domestic partnership.

Legally Acceptable Reasons for Termination

Most of us know that a divorce between a married couple can occur if one partner commits an act of adultery. In the event that adultery does occur, it is usually best for the aggrieved spouse to consult with a family lawyer in Brooklyn to explore legal options.
In the case of domestic partnerships, the legal grounds for termination are different. Keep in mind that there is no legal divorce when it comes to ending a domestic partnership. Instead, the partnership is merely ended. In the New York City area, these terminations are commonly referred to as "dissolutions."
According to the New York City government, a domestic partnership may only be dissolved under the following circumstances:

• A valid marriage between the participating parties was done after the creation of a certified domestic partnership, and the legal marriage is evidence of the dissolution of the domestic partnership.
• A domestic partnership was created between people who were not related by blood before 2004. If people only enter into a qualified domestic partnership after the law was passed in 2004, the couple must meet certain requirements for the domestic partnership to be valid.
• The two parties are domestic partners for at least six months.
• The partnership is not formalized in a different state, community or jurisdiction.
• Neither party has a different life partner. This means that both parties are only registered under the same domestic partnership.
• The person completing the application requesting dissolution is not at fault. This means that one person should not have committed adultery in order to end the domestic partnership.
• If some form of abusive behavior was practiced by one person against the other, a restraining order should exist. The existence of a restraining order will grant the application for dissolution.

Additionally, in New York City, all couples qualify for a dissolution. Both of you may reside in the state, but at least one of you must obtain a different form of residence status (like real estate ownership) within the city.

How a Domestic Partnership is Terminated

You terminate a domestic partnership in New York City through the same office you would use to file papers to start your relationship. Terminating a domestic partnership is completing a form – the "Termination Form" – that’s available from the New York City Department of Health and Mental Hygiene (DOHMH). You can obtain a copy of this form at any time, but you must also terminate your domestic partnership at an official Vital Records office for the termination to be valid.
Termination forms are available at any of the following Vital Records offices in New York City:

• The Bronx Office, located at 1780 Grand Concourse Room C-15
• The Brooklyn Office, located at 788 East 136th Street, Episode 28
• The Manhattan Office, located at 189 Wells Street, Room 144
• The Queens Office, located at 90-37 Van Wyck Expressway Queens General Post Office Box 1171
• The Staten Island Office, located at 350 St. Marks Place, Room USE 130, 135 and 136

You’ll need to pay a fee of $60 to process your termination form. Cash, checks, money orders and credit cards are all accepted. The only step easier than filing for a domestic partnership is terminating one. In most cases, if you terminate your domestic partnership on an application form in person at a Vital Records office, the termination is immediate.

What are the Legal Consequences

The termination of a domestic partnership, even if amicable, should not be taken lightly. Domestic partnerships can actually have significant legal consequences with regard to property and financial matters.
If you have given your partner a power of attorney allowing that person to make decisions on your behalf, you will want to revoke any such powers on your termination. Similarly, you will want to revoke any health care proxy designating your partner as an individual who can make health care decisions on your behalf.
Under New York partnership law, when you terminate your partnership, all of your property is divided into two classes, separate property and partnership property. Your property is considered separate property if you acquired it before your partnership began , if it was given to you, or if you acquired it through inheritance or divorce. Partnership property, on the other hand, is property that you acquired through your partnership.
Money and property that is jointly owned by you and your partner are distributed equally as partnership property, although separate property you brought into your partnership remains yours alone. Property acquired during your partnership is presumed to be partnership property unless evidence shows otherwise.
You and your former partner will want to divide all property in a way that is fair and reasonable. The separation agreement will serve as your final agreement as far as property distribution after separation.

Engaging Legal Services

While many New Yorkers might consider themselves savvy enough to navigate the rules and regulations involving the termination of a domestic partnership on their own, seeking the assistance of a qualified family law attorney can pay big dividends (both literally and figuratively) in the long run. Domestic partners who are considering breaking up are almost certainly facing a host of issues that could spiral out of control in no time whatsoever if they are not careful. Not only will you need to decide how to split up ownership in possessions and property acquired during your relationship, but you must also determine how any joint bank accounts will be divvied up as well as how the couple will handle their finances after moving on from the relationship.
Asset division is only one area of family law where mistakes can be made. For example, child support and child custody play a huge role in any breakup where the couple has dependent children. Depending on the structure of the relationship, state law may grant child custody and child support to legally married spouses even when they are technically separated. For this reason, it is typically a very good idea to speak with a family law attorney before filing for divorce or legal separation so that you have the advice you need to move forward successfully.

Common Questions

Do I have to be a New York City resident to end my domestic partnership in NYC?
No, you don’t. You can end your domestic partnership even if you and your partner no longer live in New York City. If you designated your domestic partnership in New York State, you must go through a New York State court to dissolve the relationship if it leads to divorce.
I don’t want to go through the court system to dissolve my domestic partnership in NYC
It may be possible for some couples to terminate their relationship through the city’s Office of the City Clerk. However, only couples who registered as domestic partners with the City Clerk are eligible to use the simpler dissolution process. In addition, you and your partner must have filed a notarized waiver of service. Other rules apply, so check with the Office of the City Clerk to see if you can use this process.
Is a lawyer necessary to end a domestic partnership in New York City?
If you and your partner reach an amicable agreement about the end of your relationship, including all details relating to your finances, property distribution, and children, you could complete the divorce process without hiring a lawyer. However , it is almost always advisable to at least meet with a lawyer for a consultation before getting on the judge’s calendar. A skilled NYC divorce attorney can advise you about issues you might not be aware of, including the rules about separating retirement accounts.
What happens if my spouse does not agree to the end of the domestic partnership?
Your spouse cannot prevent a domestic partnership from ending. The City Clerk’s Office will probably advise you about how to serve your spouse with notice at the time you file your request for dissolution. If nothing else works, you can ask the court to terminate the partnership.
Will the reason for the dissolution ever matter?
If one spouse seeks a divorce, the court does not need a reason. One spouse can ask the court for a divorce even if the other spouse disagrees. In a domestic partnership, however, the parties must show that they meet at least one of the requirements for dissolution. In other words, the parties face hold a very low burden for terminating a domestic partnership in New York City. The court must at least be able to say that (a) the couple was separated for a period of a year during the relationship; (b) one domestic partner committed adultery; (c) one former partner abused the other throughout the relationship; or (d) one former partner abandoned the other without cause.