Terminating a Domestic Partnership

by Bartholomew & Wasznicky on January 20, 2012

A Valid Domestic Partnership

A domestic partnership in California is legally valid if it is formed under the laws established in California Family Code Section 297.  A domestic partnership that has not been legally formed through filing the proper paperwork and paying a fee to the California Secretary of State does not have to be legally terminated because it did not ever legally exist.

Legally Terminating a Domestic Partnership

A domestic partnership that has been legally registered with the California Secretary of State must be legally terminated.  Some partnerships may be terminated by completing and filing the legal forms for termination with the Secretary of State. In most cases a domestic partnership can only be terminated by filing a petition with the California Superior Court. All the community property and community obligations of the partners will be divided similar to the process for dividing marital property and debts.

Terminating a domestic partnership does not terminate a marriage but if the couple is married both the partnership and the marriage can be terminated in Superior Court.  While the laws have changed in recent years regarding same sex marriage and domestic partnerships, the changes in the law alone have not terminated any legal domestic partnerships in California.

Getting Legal Help

An experienced family law attorney can help you better understand your rights and responsibilities in a domestic partnership. Experienced Sacramento Family Law Attorney Hal Bartholomew can help you understand your rights.  Bartholomew & Wasnicky will advise you with respect and knowledge. Contact us today at (916) 546-4393.

 

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