When two people of the same sex form a ‘domestic partnership’ it means that according to California law they have many of the same rights as heterosexual married people. The purpose of filing a domestic partnership is to obtain many of the rights of a married couple since same sex marriages are not recognized in all states.
The termination of a domestic partnership is a similar process as in a divorce. The first step is to get legal advice so that the parties understand his/her legal rights and options. Then the person who files the petition (namely the petitioner) may file for termination of the domestic partnership and serve the other party. The respondent has 30 days to respond. During this time, it is a good idea to discuss the issues with the other party to see if agreements can be made. Issues may be division of property, support or child issues such as custody, visitation and support. If the parties wish to agree on their issues, the attorney can prepare a Domestic Partnership Agreement and when filed with the final paperwork, will avoid a court appearance. If the respondent does not sign and notarize an agreement and does not respond, default paperwork can be filed. If the respondent does respond and does not wish to sign & notarize an agreement, then a trial date can be requested and the parties will address their issues in court.
Essentially, the process to terminate a domestic partnership is similar to that of a divorce.
To discuss, please call Legal Action Workshop @ 800-HELP-444 (800-435-7444) or visit us at www.LegalActionWorkshopLAW.com .
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