In California, domestic partners who want to end their legal relationship have several options. Understanding what each involves will help couples end their partnership with as little resistance as possible. Here we will discuss two common paths that domestic partners can follow: termination and dissolution. The dissolution of domestic partnerships takes much longer than termination. A request for dissolution for the family partnership can take at least six months after initiation, but can be a lengthy process for couples who cannot resolve issues amicably. You may be able to file an application for summary dissolution if you qualify for a dissolution of the civil partnership. However, it is important to note that the U.S. Supreme Court recently declared the Marriage Defense Act unconstitutional. This effectively ensured that all marriages, whether of the opposite sex or the same sex, were recognized under federal law. Thus, all married spouses are entitled to the federal tax benefits of marriage. At this stage, it is not clear whether this decision will apply to registered domestic partnerships.
A: California Family Code 299.2 provides that “[t]he legal association of two persons of the same sex, with the exception of a marriage validly entered into in another jurisdiction and which is substantially equivalent to a domestic partnership […], shall be recognized in that state as a vaild domestic partnership, whether or not it is called a domestic partnership.” Therefore, for example, a California family court may dissolve a Vermont civil union or a domestic partnership in Washington state as if it were a California domestic partnership. The trick is to understand what it means for the union to be “essentially equivalent to a domestic partnership.” Wald Law Group takes a position in court that the essential equivalence requirement is met if (1) the rights and benefits granted by the non-state legal union are substantially equivalent to those of a California domestic partnership (or marriage), or (2) the process of dissolution of the legal association in the home state (e.B Vermont for a Vermont civil union or New Jersey for a domestic partnership, or Civil Partnership in New Jersey). essentially corresponds to the procedure for the dissolution of a Californian domestic partnership. In other words, even if the legal association is not a complete matrimonial equivalent, it is “substantially equivalent to a domestic partnership” under Family Code 299.2 if a complete judicial dissolution would be necessary to terminate it in the state from which the entity originates. You can only terminate your domestic partnership in this way if ALL the requirements listed below are met at the time the form is submitted. Even if only one of the statements is not true, you cannot terminate the domestic partnership with the California Secretary of State and you must file a petition with the Supreme Court to end the domestic partnership. Many registered domestic partners are not eligible for a summary dissolution of the domestic partnership and have to go through a difficult process similar to divorce proceedings. Therefore, it is imperative that you seek the advice and representation of an experienced divorce lawyer to determine if you are eligible for a summary resolution in order to avoid the difficult divorce process if possible. Both parties can still end the partnership for now, but this must be done through the court. In this scenario, the parties dissolve the partnership in the same way as a married couple divorces. One of the main differences between the legal process of terminating a marriage or registered domestic partnership is the residency requirements.
If you end a marriage, you or your spouse must have been a California resident for at least six (6) months. In the case of domestic partnerships, there is no residency requirement. Neither partner is required to be a California resident at the time of filing. As long as the domestic partnership has been registered in California, you can file a petition in family court to dissolve your family partnership. In order for the Secretary of State to comply with your request to dissolve a domestic partnership, you must meet certain requirements, including: The process of dissolving a domestic partnership is similar to the divorce process. A first application for dissolution, separation without dissolution or annulment must be filed with the family courts and served on your partner. Once the petition is delivered, your partner has thirty (30) days to submit a response to your petition. Depending on the complexity of your case, you may need to attend several hearings and even court proceedings to determine how to resolve custody, access, child support, spousal support, and division of property and debts acquired during the life-sharing partnership. An experienced divorce lawyer can guide you through the process to get the best possible result.
However, if your domestic partnership was registered in a state other than California, a partner must have been and be a california resident for at least six months and immediately before filing the application for at least three months. A: No. California civil partnerships have not been merged with marriages. They still exist and have the same legal effect as before marriage equality, which has become the law of the land. State-registered domestic partnerships in California, such as marriages, can only be terminated if required by law: if you have only been registered for a short period of time and have no children, no real estate, and no significant assets or debts, you may be able to terminate your registration through the State Department office as described above; Otherwise, your civil partnership can only be dissolved by a judicial dissolution procedure or by the death of one of the partners. Ignoring your registered domestic partnership is not an option. .