Domestic Partnership Dissolution Attorney

Dissolving a Palm Springs Domestic Partnership

Domestic partners are “two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.”   ( California Family Code Section 297 ).   To establish a domestic partnership, both parties must fit certain criteria and must file a Declaration of Domestic Partnership with the Secretary of State. Once established, under California law both parties in domestic partnership enjoy similar rights and responsibilities as spouses in a marriage would.  This creates benefits, and burdens.  To establish a domestic partnership, both parties must fit certain criteria and must file a Declaration of Domestic Partnership with the Secretary of State. Once established, under California law both parties in domestic partnership enjoy similar rights and responsibilities as spouses in a marriage would.  This creates benefits, and burdens.  You may wish to consider a pre-partnership agreement exactly as one might a premarital agreement.

Fortunately, you don't need a lawyer to establish a domestic partnership - but, unfortunately, you may need one to protect your rights if your partnership breaks up.   Please see our links for divorce, spousal and child support, custody, and property division.  All of these can apply to you to the same extent as if you were married.

It is a myth that only a gay or lesbian attorney can adequately protect gay or lesbian rights in their relationship breakup.  An experienced attorney who understands that gays and lesbians live within extended family systems which differ from what has historically, and myopically, been viewed as "normal" can serve you very well. 

Review all your options, and most of all find an attorney who reflects your values and goals - whatever their sexual orientation may be.  We want your business IF we can help you avoid the conflict and that countless "straight" couples 'enjoy' on a regular basis when they file for divorce.  We have found you may have better odds than many gendered couples in avoiding the resentment that dissolution may include.

Meet with us and then decide.

In certain cases you need not file any court proceeding to terminate a domestic partnership.  There are set forth in  California Family Code section 299, as follows:

• The Notice of Termination of Domestic Partnership is signed by both registered domestic partners.

• There are no children of the relationship of the parties born before or after registration of the domestic partnership or adopted by the parties after registration of the domestic partnership, and neither of the registered domestic partners, to their knowledge, is pregnant.

• The registered domestic partnership is not more than five years in duration.

• Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements:

  (A) The lease does not include an option to purchase.

  (B) The lease terminates within one year from the date of filing of the Notice of Termination of Domestic Partnership.

• There are no unpaid obligations in excess of the amount described in paragraph (6) of subdivision (a) of Section 2400, as adjusted by subdivision (b) of Section 2400, incurred by either or both of the parties after registration of the domestic partnership, excluding the amount of any unpaid obligation with respect to an automobile.

• The total fair market value of community property assets, excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than the amount described in paragraph (7) of subdivision (a) of Section 2400, as adjusted by subdivision (b) of Section 2400, and neither party has separate property assets, excluding all encumbrances and automobiles, in excess of that amount.

• The parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community property, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement.

• The parties waive any rights to support by the other domestic partner.

• The parties have read and understand a brochure prepared by the Secretary of State describing the requirements, nature, and effect of terminating a domestic partnership.

• Both parties desire that the domestic partnership be terminated.