Terminating a domestic partnership in california
With all the fanfare about gay marriage, Proposition 8, and domestic partnerships, it seems like many people are still confused about whether the termination of a domestic partnership is like a divorce. Yes, it is. Both the legal and the emotional process of ending any love relationship are similar for everyone, regardless of the individuals involved. People in gay marriages have the added pressure of LGBT legal and emotional issues on top of losing their spouse.
At Peace Talks, we use a co-mediation team of attorneys and therapists to help you resolve your issues with sensitivity to the nuances of same sex relationships. Not all mediators work in a co-mediation model, but there are talented and experienced mediators all over the United States helping LGBT couples dissolve their unions in a sane, sensible and fair way.
Though there may not be a legal divorce to go through, a California domestic partnership is not officially over until the couple files a Notice of Termination of Domestic Partnership with the Secretary of State. Other states which have a domestic partnership act will have their own rules about how a domestic partnership is terminated, but they all cover the same basic criteria.
In California, you can simply file the Notice paperwork without having to get the court involved at all as long as you meet certain criteria:
- You do not own any real property.
- You do not have any children and neither of you is not pregnant.
- You have been domestic partners for 5 year or less.
- The two of you have worked out how you will handle assets, liabilities, community property, etc. and have paperwork for anything that was transferred between you.
- You both waive spousal support.
- You both want the domestic partnership to be terminated.
As long as you meet the above criteria, you will not have to file a superior court action for the dissolution of your domestic partnership. However, if any of the above are true for you, youre required have petition your local superior court for a dissolution of your domestic partnership.
Why Bother with Termination?
What if your parting is amicable and neither of you much cares about actually going through the legal process of terminating your relationship? Why go to court if we donҒt have to?
The main reason is just as it is with Divorce Mediation. If a person has been married, unless he or she is official divorced, she or he is not free to marry again. If you and your partner do not terminate your domestic partnership, you will not be free to enter into another domestic partnership should either or both of you meet someone new.
This may seem too obvious to mention. However, its easy to forget that gay couples have not always had the opportunity to have legally binding relationships. Typical heterosexual couples are not well informed about divorce law, either. None of us go into our committed unions thinking they are going to end one day.
In the past, with out the aid of the law, gay couples made their arrangements often casually and verbally. These agreements are very hard to enforce legally and can make your situation even more devastating should a split come to pass.
Using our mediator to assist you in establishing your domestic partnership and in dissolving it can be extremely helpful. Any time a love relationship is ending, emotions are typically running at an all time high. A mediator not only has a calming influence on these trying discussions, but also the background to help when the fact scenario becomes muddled by the highs and lows of the separation process.
Authorbio: Peace talks is a Los Angeles family law mediation firm offering services including divorce mediation, Parenting Plan Mediation, Premarital Mediation in Los Angeles, Playa Del Ray areas.
Article Source: Messaggiamo.Com
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