Domestic Partnership Dissolution and Same-Sex Divorce
Domestic partnerships are available in California to same-sex couples. In addition, same-sex couples can now legally be married in California and throughout the United States. The legalization of same-sex marriage did not eliminate the option of forming a domestic partnership, however, and you and your partner should be aware of the legal implications of each type of relationship before you decide how you want to proceed.
It is always a good idea to discuss your options with an experienced LA County and Orange County domestic partnership and family law attorney to determine what is best for you.
Domestic Partnership Dissolution
A domestic partnership declares that you and your partner choose to be in a mutually caring and committed relationship and to share each other’s lives. Forming a domestic partnership is a different process from getting married, as it requires filing a Declaration of Domestic Partnership with the Secretary of State in California. By doing so, you gain substantial rights under state law regarding finances, healthcare, estate planning, and more.
Terminating a domestic partnership may be substantially more complicated than forming one. If your relationship is relatively short (less than five years), you have no children together, you own no property together, and you have relatively few assets and debts, your domestic partnership may be ended through a summary dissolution. However, if you do not meet those criteria, you will have to dissolve your partnership through the traditional divorce process.
Same-sex marriage has all of the same legal requirements, implications, and effects as an opposite-sex marriage in California. You must obtain a marriage certificate and have a ceremony in order to have a valid marriage. In addition, you must follow the same complicated process to end your marriage.
Like any other divorce, ending a same-sex marriage requires resolving many different issues including:
- Division of community property
- Child custody and support
- Spousal support
It is critical to seek assistance from an experienced law firm that has extensive experience handling divorces in California.
Ready To Talk With An Attorney?
Contact our office to speak with an experienced and knowledgeable attorney to learn more about the options available and if an annulment is the best option for you. Initial consultations are completely free and will leave you better informed and prepared for whatever you decide to do.