2011: Terminating a California Registered Domestic Partnership: Dissolution by Notice of Termination of Domestic Partnership
In San Diego, there are many California registered domestic partnerships. Termination of the registered domestic partnership can be a dissolution, legal separation or nullity. Dissolution of the registered domestic partnership can be accomplished by filing a petition for dissolution of termination of the registered domestic partnership in San Diego Superior Court in any of the family law branches: San Diego; Vista; El Cajon or Chula Vista. If the requirements below are met, and both partners agree, then the registered domestic partnership may be dissolved under Family Law Code Section 299 with a Notice of Termination of Domestic Partnership which is notarized and filed with the California Secretary of State.
To dissolve a registered domestic partnership without the filing of a petition in San Diego Superior Court, the following requirements must be met. Please feel free to contact us if you have any questions since all of the requirements must be met and the partners must declare so on the notice.
(1) Both parties must read the Brochure entitled "Terminating a California Domestic Registered Partnership" produced by the Secretary of State of California Business Programs Division, Notary Public and Special Filings Section. There is a brochure dated 2011.
(2) Both partners must consent and agree to terminate the domestic partnership.
(3) The partners cannot have been registered domestic partners for more than five (5) years.
(4) No children were born to either partner either during or before the domestic partnership.
(5) No children were adopted by either partner during the domestic partnership.
(6) Neither of the domestic partners is now pregnant.
(7) Neither of the partners owns any party of buildings or land.
(8) Neither of the partners is renting any buildings or land with the exception of when the partners are living in the land or building but that lease must not include a purchase option and must end within one year of the filing of the notice of termination of domestic partnership form.
(9) Community obligations of the partners do not exceed Six Thousand Dollars [$6,000] with the exception of automobile loans.
(10) Community property of the partners does not exceed Thirty Eight Thousand Dollars [$38,000] not including automobile and loans.
(11) Neither of the partners has over Thirty Eight Thousand Dollars [$38,000] in separate property not including automobiles and loans.
(12) The partners have signed a prepared property settlement agreement before submitting the notice of termination of domestic partnership form stating how the community obligations and community property will be divided or stating that there is not community property assets or debts have been accumulated from the date of the registration of the domestic partnership to the date of the filing of the notice of dissolution.
(13) Both partners agree not to ask for support or money from the other partner with the exception of any division per (12) above.
The registered domestic partnership will terminate automatically after six months from the date of the filing of the notice of termination of domestic partnership. Either partner may revoke the filing of the notice of the termination of the domestic partnership before six months have elapsed from the state the notice is filed with the California Secretary of State by filing a notice of revocation of termination of the domestic partnership with the California Secretary of State.
If all 13 requirements are not met, then the only alternative is to file a petition in the San Diego Superior Court. Our firm can represent you and please feel free to contact us for a confidential and complimentary consultation.