California Law provides that Registered Domestic Partnerships may be terminated either by a Superior Court proceeding, or by a simple Summary Notice procedure.

• Superior Court Proceedings
  
• (Dissolution - Nullity - Legal Separation of Domestic Partnership)

Unless domestic partners qualify for and elect to utilize the summary termination by notice procedure, (see below) a registered domestic partnership status may be terminated only through superior court proceedings for dissolution, nullity, or legal separation.

The judicial dissolution, nullity, and legal separation of a domestic partnership follow the same procedures, and the partners possess the same rights, protections, and benefits, and are subject to the same responsibilities, obligations, and duties, as apply to the dissolution of marriage, nullity of marriage, and legal separation of spouses in a marriage.

(Please review the resource pages that describe Divorce - Legal Separation - Annulment for married couples. The rules are the same.)

Summary Notice

In order to utilize the summary termination by notice, domestic partners must qualify for and elect to the notice procedure. The following must occur:

• the notice is signed by both registered domestic partners


• there are no children of the relationship of the parties born before or after registration of the domestic partnership or adopted by the parties after registration of the domestic partnership, and neither of the registered domestic partners, to their knowledge, is pregnant;


• the registered domestic partnership is not more than five years in duration;


• neither party has any ownership interest in real property;


• there are no unpaid obligations in excess of the amount permitted by the Family Code;


• the total fair market value of community property assets, excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than the amount specified in the Family Code;


• the parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community property, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement


• the parties waive any rights to support by the other domestic partner


• the parties have read and understand a brochure prepared by the secretary of state describing the requirements, nature, and effect of terminating a domestic partnership


• both parties desire that the domestic partnership be terminated

The registered domestic partnership is terminated effective six months after the date of filing of the notice with the secretary of state, provided that neither party has, before that date, filed with the secretary of state a notice of revocation of the termination and sent to the other party a copy of the notice by first-class mail, postage prepaid, at the other party's last known address. The effect of termination of a domestic partnership under this procedure is the same as, and is treated for all purposes as, the entry of a judgment of dissolution of a domestic partnership.

You may 'Click' here to download a  Notice of Termination.

Note: A court may set aside the termination of domestic partnership and declare the termination of the domestic partnership null and void on proof that the parties did not meet the statutory requirements at the time of the filing of the notice of termination with the secretary of state.

The foregoing information is offered to help inform you, however it is not intended as a substitute for professional legal help. (See Disclaimer). Only a licensed lawyer can provide such help.