Family Law Blog

Terminating Your Domestic Partnership

Thursday, March 30, 2017

Many people are a part of a domestic partnership. Unfortunately, just like marriages, there are times when it doesn’t work out. Unlike marriage, you can’t get divorced when you are in a domestic partnership. Instead, it needs to be terminated.

There are several ways to go about this, depending on several factors. Some people are able to mail a form to the Secretary of State’s office. To do this, you need to meet the following requirements.

  • Your partnership has lasted less than five years.
  • Neither of you can be pregnant or have children.
  • You or your partner do not own any property.

When you meet these requirements, your partnership will be dissolved six months after you file the paperwork. These types of partnerships are simple to terminate. It is when you have been together for years, own homes, and have children where it can be a little harder to terminate your partnership.

For this reason, most people will need to go to court to terminate their partnership. The court will help you divide up your assets. If children are involved, child custody and support are determined. The courts will also determine if spousal support is needed.

If you filed in California but no longer live there, you may have to go through their court system in order to terminate your domestic partnership. This depends on where you live so be sure to consult a lawyer who is local you live. If you have to go through California, you have to agree to accept the way that their courts dissolve your partnership and your assets.

It is possible to terminate your domestic partnership though it depends on several factors on how you can go about it. Simple partnerships (where you don’t have property or children) can be terminated easily with a form while others need to go through the court system.  

Contact us for all of your legal needs.