San Diego Domestic Partnership Dissolution Lawyer

Trusted San Diego Domestic Partnership Dissolution Attorney

Domestic partnerships offer an alternative to marriage and were first created to give same-sex couples the ability to establish some of the same rights as married couples. No one registers a domestic partnership expecting to end it, but it’s important to understand the process as you do. Working with a San Diego domestic partnership dissolution lawyer can simplify the dissolution process and help you protect your interests.

Navigate Your Domestic Partnership Dissolution With Andy Cook Law

Domestic partnerships can be easier to dissolve than marriages, but they also have their own unique complexities. You may still have to resolve the dissolution in court just like a divorce. Determining the right option for your partnership and assessing how to protect your personal and financial interests is easier with the skilled team at Andy Cook Law. Our firm has helped individuals and families for over 30 years with family law cases.

Our firm is exceptionally qualified in family law. Andy Cook is a family lawyer who is also a Certified Family Law Specialist (CFLS). This designation is provided by the State Bar of California Board of Legal Specialization for exceptional experience and distinction in a field of law. A family lawyer who is also a CFLS is better equipped to help you navigate your case effectively.

How Can You Dissolve a Domestic Partnership?

Domestic partnerships are registered by filing a form with the Secretary of State. In San Diego, there were 48,171 couples cohabitating without being married in 224, according to data from the U.S. Census Bureau. There are two main ways to dissolve a domestic partnership in California:

1. Petition the Secretary of State
2. File with the Superior Court of California

The petition is much simpler and carries fewer fees than going through court. In order to file a notice with the Secretary of State to dissolve the partnership, several requirements have to be met. This includes:

1. Both partners agree on the separation.
2. The domestic partnership has not lasted longer than five years.
3. Partners have no children from before or after registering the partnership. This includes adopted and biological children. The U.S. Census Bureau reported that 8,165 households in San Diego with cohabiting partners had children under the age of 18 in the household.
4. Neither partner is pregnant, as far as they know.
5. Partners have no interest in real property, except residence leases that cannot be purchased and expire within a year of filing the petition.
6. The community property owned by partners is not valued at more than $57,000, and each partner’s separate property is not more than $57,000. These values exclude vehicles. The average income was $148,673 in San Diego, according to the U.S. Census Bureau, and 48.3% of homes were valued over $1 million. Domestic partners in San Diego are less likely to meet the community property requirements to file the petition.
7. Partners do not have combined unpaid debts greater than $7,000 in value.
8. There is an agreement for the division of community assets and debts that partners both agree to and have executed.
9. Both partners waive the right to financial support.
10. Both partners have read the required information about domestic partnership termination from the Secretary of State.
11. Both partners want the partnership to be ended.

The allowed values for property and debts increase every odd-numbered year, so they will change in 2027.

When you meet these qualifications and file the notice for termination, it will go into effect six months after you file it with the Secretary of State.

Dissolution in Court

Many people do not qualify for this faster process and must file for dissolution through the court. This process is handled very similarly to a divorce. This includes deciding things like financial support of a domestic partner and decisions for minor children.

FAQs

How Much Does It Cost to Terminate a Domestic Partnership in California?

There are several costs to terminate a domestic partnership in California, including filing fees, court costs, attorney fees, and other considerations. A petition for dissolution filed with the Secretary of State does not have a fee.

Petitions to dissolve a domestic partnership in California through the Superior Court have the same fees as divorce petitions and are usually $435. Attorney costs are generally hourly rates and can be costly, but can also be useful to help you navigate the process.

Do Both Parties Need a Lawyer for a Dissolution?

While it’s not required that both parties hire a domestic partnership dissolution lawyer for a dissolution, it is recommended and often beneficial. Partners can navigate the dissolution with a mediation attorney or with each party hiring their own dissolution attorney.

Working with a lawyer helps you understand the requirements of dissolution, protect your financial rights, and follow the court requirements. You can avoid common pitfalls and may resolve the dissolution more quickly.

How Do I Terminate a California Domestic Partnership?

You can terminate a California domestic partnership by filing a Notice of Termination of Domestic Partnership, or Form NP/SF DP-2, with the California Secretary of State if certain requirements are met. This process is straightforward and does not require a fee. If you and your partner do not meet the requirements, then you must file to dissolve the partnership through the Superior Court, which is much more costly.

What Are the Legal Grounds for Dissolving a Partnership With the California Secretary of State?

In order to file for a dissolution of a domestic partnership with the California Secretary of State, partners must both meet several requirements. This includes not having any children, neither party being pregnant, both parties signing the notice, and neither party having an interest in real property except in specific cases. The partnership also cannot have lasted more than five years, and parties cannot have community property valued over a certain amount.

Hire a Domestic Partnership Dissolution Lawyer

The right attorney can help you accurately value your assets and debts and determine if you meet other qualifications for a faster resolution to your dissolution. If you don’t, then an attorney can help you navigate the process of a court dissolution and help you protect your financial and personal interests.

Andy Cook Law can offer you straightforward and compassionate legal representation. Get in contact with us today.