Domestic Partnership Dissolutions And Disputes
While same-sex marriage is now legal in all 50 states, many people in California choose to form domestic partnerships, and many are bound to partnerships formed in the past. Once a domestic partnership has been formed and registered with the California secretary of state, the members of that domestic partnership have the same rights, protections and benefits of marriage under state law.
Domestic partners who wish to dissolve their domestic partnership generally must file petition for dissolution proceedings in the appropriate family court, potentially giving rise to issues of child custody, child visitation, child and partner support, and division of property and allocation of debts, among others.
Even if a same-sex couple has not formed a domestic partnership, circumstances may arise in which legal proceedings may be needed to address claims regarding property and debts, in addition to requests for rehabilitative support, among others.
At the law firm of Macksoud Macksoud & Davis, LLP, in Torrance, California, we have more than 40 years of combined experience in divorce and family law proceedings. This experience, in addition to our substantial expertise in handling domestic partnership matters, provides us with a unique ability to effectively represent clients involved in domestic partnership dissolution matters.
What Are The Differences Between Summary Dissolution And Standard Dissolution?
Summary dissolution of a California domestic partnership is a fast legal process that does not require an appearance in court. Only those who file jointly and meet specific criteria are eligible.
The main difference between summary dissolution and standard dissolution proceedings is the requirement to cooperate. The summary dissolution process also tends to be faster and therefore more cost-effective. It is also much less complex because it does not require litigation.
Do You Qualify For Summary Dissolution?
Only certain domestic partnerships are eligible for summary dissolution. You may be eligible if you meet all of the criteria, including:
- A relationship duration of under five years
- No shared children
- No current pregnancy
- No real estate to divide
- Limited other assets and debts
- Agreements on all critical terms
If you meet all of these requirements, summary dissolution could be an option.
The Timeline For Domestic Partnership Dissolution
Filing the initial petition with the courts is the first step in the process. The filing partner must then provide official legal service to the other partner, unless they file jointly.
Parents make disclosures about their finances. They can then begin negotiating. If partners cannot reach settlements, then the matter may require either mediation or litigation. A judge can settle all disputes.
Disputed dissolutions can take over a year to complete. Shared children and disagreements about property can significantly slow down the process of dissolving a domestic partnership. In complex cases, it may take more than a year to dissolve a partnership.
How Community Property Rules Affect Dissolutions
Most assets and debts accumulated during a domestic partnership are subject to a 50/50 distribution under community property statutes. Either partner may be able to retain assets they owned before establishing the partnership, inheritances and gifts from third parties as separate property.
You may also have quasi-community property to address. Any assets acquired during your partnership while living in a noncommunity property state may constitute quasi-community property and could be subject to a 50/50 division.
If you own a house, you may need to determine its fair market value if one partner intends to live there. They may need to refinance to withdraw equity for the other partner. If you have retirement accounts or pensions, you may need to draft a qualified domestic relations order (QDRO) to divide them without incurring penalties. In cases involving deferred compensation or stocks, it may be necessary to value nonliquid assets and then offset their worth with other property or responsibility for shared debts.
Dedicated To Protecting Your Rights
We understand that the outcome of a domestic partnership or nonmarital cohabitation dispute will have a potentially significant and far-reaching impact on our client’s finances and financial security. If retained to handle your case, we will put our 40-plus years of family law experience and dedicated resolve to work for you.
If you live in Southern California and need to speak with an attorney about a domestic partnership dissolution or domestic partnership agreement, our Torrance family law attorneys are here for you.
If you need to speak with a lawyer about a domestic partnership dissolution or agreement, contact our law offices online or by telephone at 310-961-2989.