California Domestic Partnership Lawyers
Termination of Domestic Partnership for Gay and Lesbian Couples
If you have entered into a domestic partnership with a person, and are now interested in terminating that partnership, an attorney from our firm can help you. At Claery & Green, our lawyers represent gay and lesbian couples during all different types of family legal matters, including domestic partnership termination. If your immediate situation is no longer suitable to you or your partner, an attorney from our firm can help you take the necessary actions to terminate your legal relationship so that you can both move forward in your lives.
There are two different ways a domestic partnership can be terminated in California. First, if specific requirements are met, a domestic partnership may be terminated by filing a Notice of Termination of Domestic Partnership with the California Secretary of State. All of the following requirements must be met in order for the partnership to be terminated this way:
- Domestic partnership lasted less than 5 years.
- No children born before or during the domestic partnership.
- No children adopted during the domestic partnership.
- Neither you nor your partner is pregnant.
- You and your partner do not have any interest in real estate.
- Neither you nor your partner is renting any land or building.
- Except for automobile loans, your community obligations do not exceed $5,000.
- Except for automobiles, your community property is worth less than $33,000.
- Except for automobiles, neither you nor your partner has separate property totaling more than $33,000.
- Both of you agree that you do not want money or support from the other partner except what is included in the property settlement agreement dividing the community property and community obligations.
- You or your partner must have lived in California for the last 6 months.
If any of these requirements cannot be met, a California same sex advocacy attorney will help you take the necessary actions to file with the Superior Court. Your California domestic partnership lawyer will assist you with filing one of the following three petitions: a Petition for Dissolution of Domestic Partnership; a Petition for Judgment of Nullity of Domestic Partnership; or a Petition for Legal Separation of Domestic Partnership.
Contact a California Domestic Partnership Attorney at Claery & Green for more information about terminating a domestic partnership!