Terminating a Domestic Partnership Lawyers

How Do I Terminate a Domestic Partnership?

The method to terminate a domestic partnership varies according to the state in which you obtained it in.  For example:

California

There are two ways to terminate a domestic partnership in California.  First, if specific requirements are met, a domestic partnership may be terminated by filing a Notice of Termination of Domestic Partnership with the California Secretary of State.  In order to qualify, all of the following requirements must be met:

1. Domestic partnership lasted less than 5 years
2. No children born before or during the domestic partnership
3. No children adopted during the domestic partnership
4. Neither you or your partner are pregnant
5. You and your partner do not have any interest in real estate
6. Neither you nor your partner is renting any land or building
7. Except for automobile loans, your community obligations do not exceed $5,000.
8. Except for automobiles, your community property is worth less than $33,000.
9. Except for automobiles, neither you nor your partner has separate property totaling more than $33,000.
10. Both of you agree that you do not want money or support from the other partner except what is included in the property settlement agreement dividing the community property and community obligations.

Additionally, you or your partner must have lived in California for the last 6 months.

If any of these requirements are not met, you must initiate dissolution proceedings in the Superior Court.  You may file any one of the following three petitions: a Petition for Dissolution of Domestic Partnership; a Petition for Judgment of Nullity of Domestic Partnership; or a Petition for Legal Separation of Domestic Partnership.  These dissolution proceedings are similar to divorce.

New Jersey

To terminate a domestic partnership in New Jersey, you need to file with the Superior Court.  The fees for filing an action or proceeding for the termination of a domestic partnership shall be the same as those for filing an action or proceeding for divorce.  The grounds for terminating a domestic partnership are the same as for divorce:

• Adultery
• Desertion of one year or more
• Extreme cruelty
• 8 month separation
• Drug abuse or habitual drunkenness of over one year
• Institutionalization for mental illness for over 2 years
• Imprisonment for over 18 months

Additionally, the Superior Court is NOT required to make an equitable distribution of property, either real or personal, which was legally and beneficially acquired by both domestic partners or either domestic partner during the domestic partnership.  The New Jersey Domestic Partnership Act does not require alimony and gives no guidance on child custody.

Do I Need a Lawyer to Terminate my Domestic Partnership?