Kevin Qualls Family Law
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Ending a domestic partnership in California

Sometimes those in a domestic partnership, just like those who are married, find that their union is not what it once was and they wish to dissolve it. The state of California recognizes that not every domestic partnership is meant to last, and provides a means for ending the domestic partnership without needing to file a proceeding for dissolution. Instead, domestic partners, under circumstances, can dissolve their union by filing a Notice of Termination of Domestic Partnership with the California Secretary of State.

In order to qualify for this, each party must sign the Notice of Termination of Domestic Partnership. In addition, the parties must not have any children together, or to their knowledge be pregnant. Also, the domestic partnership must not have lasted for more than five years.

In addition, neither partner can have any interest in real property, except for leasing a home without the option to purchase and which will end within 12 months from date in which the Notice of Termination of Domestic Partnership was filed. There are also limits on the combined fair market value of the domestic partners' community property, except for motor vehicles and encumbrances.

Also, the partners must have created an agreement regarding property division and the assumption of debts. The each partner must also waive any right to financial support by the other partner. The partners must have reviewed and understand the Secretary of State's brochure on what it means to terminate a domestic partnership. Finally, of course, each partner must want to terminate the relationship.

A Notice of Termination of Domestic Partnership provides a quicker and more cost-effective means for ending a domestic partnership without the need for a court hearing. However, even if each domestic partner agrees to end their union and meets the above requirements, they could each still benefit from consulting with their own individual family law attorney, to ensure they understand what their rights are before proceeding.

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Kevin Qualls Family Law
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