Termination of California Domestic Partnerships
In California, a registered Domestic Partnership can be terminated without court proceedings by filing a Notice of Termination of Domestic Partnership with the Secretary of State in Sacramento, California provided all of the following conditions exist at the time of the filing:
Both domestic partners sign the Notice of Termination of Domestic Partnership;
There are no children of the relationship between the domestic partners born before or after the registration of the domestic partnership or adopted by the domestic partners after the registration, and neither domestic partner, to their knowledge, is pregnant;
The registered domestic partnership is not more than five years in duration;
Neither domestic partner has an interest in real property except for certain residential leases of premises occupied by either domestic partner;
Excluding those with respect to automobiles, unpaid obligations incurred by either domestic partner after the registration of the domestic partnership are limited by law;
Excluding all encumbrances and automobiles, including deferring compensation and retirement plans, the total fair market value of community property assets is limited by law;
The domestic partners have executed an agreement setting forth the division of assets and the assumption of liabilities of the community property, and have executed any documents to effectuate the agreement;
The domestic partners waive any rights to support;
The domestic partners have read and understand a brochure prepared by the Secretary of State regarding termination of a domestic partnership;
Both domestic partners desire to terminate the domestic partnership.
The domestic partnership will be terminated effective six months after the filing of the Notice of Termination of Domestic Partnership with the Secretary of State.
A domestic partner can file a Notice of Revocation of Termination of Domestic Partnership with the Secretary of State to stop a termination as long as the revocation is received during the six month period and before termination by the Secretary of State.
If a domestic partnership cannot be terminated by the filing of a Notice of Termination of Domestic Partnership with the Secretary of State, either domestic partner can file a petition in the Superior Court for dissolution of domestic partnership, nullity of domestic partnership, or legal separation of partners in a domestic partnership. An action for dissolution of domestic partnership, nullity of domestic partnership, or legal separation of partners in a domestic partnership will follow the same procedures, and the domestic partners shall possess the same rights, protections, and benefits, and be subject to the same responsibilities, obligations, and duties, as apply in a dissolution of marriage, nullity of marriage, or legal separation spouses in a marriage.
A single petition in the Superior Court may apply to both a domestic partnership and a marriage between the same parties.