Domestic Partnership Dissolution Attorneys in Orange County
Domestic Partnership Dissolution in California is terminated in two ways.
A domestic Partnership can either be terminated thru the California Secretary of State by meeting all 13 requirements or if your partnership does not meet all 13 requirements, your partnership can be terminated by filing a Petition with the Superior Court and obtaining a Judgment.
These are the Requirements that must be met in order to File a Notice of Termination with the California Secretary of State. You must meet all of the following requirements:
1. We have both read this brochure and understand it.
2. We both want to terminate the domestic partnership.
3. We have not been registered as domestic partners more than 5 years.
4. No children were born to us before or during the domestic partnership.
5. We did not adopt any children during the domestic partnership.
6. Neither of us is now pregnant.
7. Neither of us owns any part of land or buildings.
8. Neither of us is renting any land or buildings (except where one or both of us lives, and that lease does not include a purchase option and will end within one year of filing the Notice of Termination of Domestic Partnership form).
9. Not counting automobile loans, our community obligations are not more than $6,000.
10. Not counting loans and automobiles, our community property is worth less than $38,000.
11. Not counting loans and automobiles, neither one of us has separate property totaling more than $38,000.
12. We have prepared and signed a property settlement prior to submitting the Notice of Termination of Domestic Partnership form that states how community property possessions and community obligations will be divided (OR that states that no community property or community debt have been accumulated).
13. We agree that we 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.
How Long Does it Take to Terminate a Domestic Partnership?
The domestic partnership dissolution in california will automatically terminate six months after the date the Notice of Termination of Domestic Partnership is filed with the California Secretary of State, if neither partner revokes (cancels) the termination before the end of the six-month period.
This process can get complicated you should seek legal advise from an experienced attorney to assist you.
How to Create a Domestic Partnership?
California domestic partnership law states that a couple is qualified to register as domestic partners under the following:
• They share a common dwelling;
• They concur to split basic living expenditures;
• They are not blood related;
• They are at least 18 years of age;
• They are share the same gender or they are of different sexes with one party being either over the age of 62 or entitled for Social Security old age benefits;
• They are able of giving legal permission.
The creation of a domestic partnership entails devotion to detail. Since California's domestic partnership statutes do not incorporate all of the rights, presumptions, and duties given to opposite-sex married individuals, couples starting a domestic partnership must take restraint to accept an arrangement which unmistakably expresses the legal rights of both individuals and the legal and financial effects should the partnership be terminated.
Attorneys for Domestic Partnership Dissolution in California
The Family Law Office of Yanez & Associates provides knowledgeable legal assistance in preparing a contract that carefully achieves these objectives. Or if you have a domestic partnership dissolution in california, we will be happy to go over your case.
Disclaimer: California Family Law Divorce Lawyers