The dissolution process is similar for a registered domestic partnership, as long as your domestic partnership is registered with the State of California. However, it is important to note that federal law does not recognize registered domestic partnerships, meaning tax laws do not apply to domestic partners in the same way as they do to married couples.
Registered domestic partners can easily dissolve their partnership with a summary dissolution. In the summary dissolution process, you do not have to attend court. You do not necessarily have to hire an attorney, however, it is always recommended that you consult a lawyer to protect your interests.
In California, registered domestic partners do not have to meet residency requirements to qualify for a summary dissolution, which means that you can file for a summary dissolution in California even if neither one of your still lives in California. However, not everyone can get a summary dissolution. Many people have to file for divorce. To qualify for a summary dissolution you and your partner must meet all of the following requirements:
- Both partners want to terminate the domestic partnership.
- Both partners have not been registered as a domestic partnership for more than 5 years on the date you file your Notice of Termination of Domestic Partnership.
- Both partners have no children together, born or adopted, before or during the domestic partnership, and neither partner is pregnant at the time you file for the dissolution.
- Partners do not own any part of land or buildings.
- Partners do not rent any land or buildings, except for where you now live, as long as you do not have a 1-year lease or option to buy.
- Partners do not owe more than $6,000 for debts acquired since the date of your domestic partnership. This does not include car loans.
- Partners have less than $40,000 worth of property acquired during the domestic partnership. This does not include cars.
- Partners do not have separate property worth more than $40,000, not including your cars.
- Both partners agree that neither partner wants partner support from the other.
- Both partners have signed an agreement that either divides your property (including your cars) and debts, or says there is no community property or debts to divide.
If all of the above requirements applies to you and your partner, then you can file for a summary dissolution. It is important to note that a summary dissolution is a divorce, and not a legal separation. A legal separation does not end a domestic partnership or marriage. If you are legally separated, you cannot legally enter into a partnership with someone else. A couple may choose to get legally separated because they want to live apart and get orders from the court regarding money, property, and parenting issues, but do not want to get a divorce. Or, they may not meet certain residency requirements to qualify for a divorce. Either way, if you do get a separation, you may be able to change to a divorce later on if you meet certain requirements.
