There are several options available for partners seeking to end their domestic partnership. Here’s how to end a domestic partnership in California.
For partners with short partnerships, little property and debt, and no children, summary dissolution is the preferred option for ending a domestic partnership. Summary dissolution involves very little court time and less paperwork.
Filing for divorce is the best option for couples that do not meet summary dissolution requirements. In order to file for divorce, a spouse must fill out necessary court forms, have them reviewed by a lawyer, make copies of the forms, file them with the court clerk, serve the forms, make and serve a preliminary declaration of disclosure, and file a proof of service with the court.
Summary Dissolution
One option to end a domestic partnership is a summary dissolution. There is very little litigation or court time involved with a summary divorce. However, summary divorce is only available for couples that meet certain requirements. These requirements include:
- Both partners want to terminate the domestic partnership
- Have not been together as domestic partners for more than 5 years
- Have no children together before or during the marriage
- Do not own or rent land or buildings
- Do not owe more than $6,000 in debts acquired during the marriage (does not include car loans)
- Own less than $4,500 worth of property acquired during the marriage (does not include cars)
- Do not own separate property worth more than $45,000 (does not include cars)
- Agree that neither spouse will ever get spousal support
- Have signed an agreement that divides property and debts (including cars)
If the spouses meet all of these requirements and both partners agree to summary dissolution, they must file for dissolution jointly. Spouses complete and file minimal paperwork for a judge to review and sign. A summary divorce is completed when the judge issues the final divorce judgment upon reviewing the paperwork.
Steps to Filing for Summary Dissolution in California
- Read the Terminating a California Registered Domestic Partnership form booklet.
- You must read this booklet and swear under the “penalty of perjury” that you read the booklet.
- Fill out the Notice of Termination of Domestic Partnerships form (Form NP/SF D-2)
- Create a property agreement.
- Write up your own agreement or use the court’s fillable property agreement to divide up your assets. Both spouses must sign and date the agreement.
- Write up, sign, and date an agreement that documents if the couple has no property or debt to divide.
- Have a lawyer review the forms
- Consult a lawyer to review the forms. They can help answer questions and correct any mistakes on the forms to prevent future issues.
- Make copies of the forms
- Make at least 2 copies of each form before mailing them out. One copy goes to each spouse, and the original forms are for the state.
- Send your forms to the California Secretary of State
- Mail and sign the original forms to:
- Secretary of State
Domestic Partners Registry
P.O. Box 942877
Sacramento, CA 94277-001
- Secretary of State
- Mail and sign the original forms to:
- The domestic partnership automatically ends after 6 months.
- If either partner decides they do not want to get divorced during these 6 months, they can file a Revocation of Termination of Domestic Partnership form (Form NP/SF D-3) to stop the separation.
Filing for Divorce
Another option to end a domestic partnership is divorce. If a couple does not meet the requirements for summary dissolution in California, then they must file for divorce in order to separate. The judge acts as a third party who makes decisions for couples that are unable to reach an agreement.
For spouses in abusive relationships, getting a lawyer is the best way to get a fair settlement and protection from their abuser. The court offers legal pathways for people in abusive relationships to get away from their abuser and protect their rights in divorce.
Related: How to File for Divorce in California
Steps to Filing for Divorce in California
- Fill out court forms
- Fill out the following forms:
- Petition — Marriage/Domestic Partnership (Form FL-100). This provides basic information to the court about the union.
- Summons — Family Law (Form FL-110). This form contains important information about the divorce process, and legally prohibits certain actions that may hinder the divorce process.
- If there are children below the age of 18 involved with the divorce, fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL 105/GC 120)
- If the petitioner wishes for the court to make decisions about child custody and visitation, fill out the Child Custody and Visitation (Parenting Time) Application Attachment (Form FL 311)
- Fill out the following forms:
- Have a lawyer review the forms
- Consult a lawyer to review the forms. They can help answer questions and correct any mistakes on the forms.
- Make copies of the forms
- Make at least 2 copies of each form before filing them with the court. One copy is for the petitioner, one is for the respondent, and the original forms are for the court.
- File with the court clerk
- Turn in the completed forms to the court clerk.
- Serve the first set of forms
- Before continuing with the divorce proceedings, the papers must be served to the respondent. The petitioner cannot serve the papers — the process server must be someone above the age of 18.
- The documents to be served should include the following:
- A copy of ALL documents filed with the court
- A blank Response – Marriage/Domestic Partnership form (Form FL-120)
- If children are involved with the divorce, include a blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL 105/GC 120).
- Make a preliminary declaration of disclosure
- Fill out and serve financial disclosure forms no later than 60 days after filing the original court forms. Disclosure forms provide written information to your spouse about assets and belongings. None of these are filed with the court.
- Declaration of Disclosure (Form FL-140)
- Schedule of Assets and Debts (Form FL-142) or a Property Declaration (Form FL-160)
- Income and Expense Declaration (Form FL-150)
- Attach tax returns.
- Have someone review the disclosure documents, like an experienced attorney or a court-provided official.
- Make a copy of the disclosure forms. One copy is for the respondent, the original is for the petitioner.
- Have someone over the age of 18 serve the disclosure forms to your spouse.
- The Declaration Regarding Service of Declaration of Disclosure (Form FL-141) tells the court that the petitioner has completed and served the proper disclosure documents.
- Make 2 copies before submitting to the court. The clerk will keep the original and return the copies with an official stamp.
- Fill out and serve financial disclosure forms no later than 60 days after filing the original court forms. Disclosure forms provide written information to your spouse about assets and belongings. None of these are filed with the court.
- Next Steps
- After successfully completing the above steps, the petitioner has officially filed for divorce in the state of California. The respondent has 30 days to respond to the divorce papers. The next steps of finalizing the divorce will depend on if the spouse has filed a response and if the couple has reached an agreement. Get your free consultation with a family law attorney from Her Lawyer to determine the next steps for completing your divorce.
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If you or a loved one is seeking to end a domestic partnership in California, contact us. Get your free consultation with one of our family law attorneys in California today!