Under California law, same-sex couples and gay and lesbian couples are permitted to register their domestic partnership. Such same-sex marriages and domestic partnerships have much of the same rights and obligations under the law. Just like any other marriage, domestic partnerships can also fall apart. As such, California law also allows same-sex couples access to California family for dissolution in the same way heterosexual couples can access the court for a divorce.
The dissolution of a same-sex marriage or domestic partnership entails the same issues involved in a heterosexual divorce, such as:
- Division of community and separate property
- Financial support and alimony
- Child custody
- Child support
This is why it is just as important to immediately consult with an experienced Central Valley divorce attorney as soon as you decide that you will be filing for the dissolution of your domestic partnership or same-sex marriage.
Notice of Termination of Domestic Partnership
The first step to take in dissolving your domestic partnership, assuming you meet the requirements, is a summary procedure. As part of this initial step, you will need to file a Notice of Termination of Domestic Partnership with the California Secretary of State’s office.
After you have filed this form, either you or your domestic partner can withdraw the notice within six months. Once the six months has passed, the partnership is considered dissolved.
Petition for Dissolution of Registered Domestic Partnership
An alternative method of dissolving your same-sex marriage or domestic partnership is for one party to file a Petition for Dissolution of Registered Domestic Partnership (Form FL-103) with the Superior Court. The other party will need to file a response (Form FL-123) and both parties will need to file other necessary documents and motions as required.
This option is similar to a heterosexual divorce. This means that most of the information in the California Divorce Guide will apply to the process. The registered domestic partnership cannot be dissolved until the sixth-month period has passed and you and your partner have negotiated a settlement or, in the alternative, proceed to trial in a California court.
You Need Good Legal Help!
Dissolving a same-sex marriage or domestic partnership is not much different than a heterosexual divorce. As such, in order to make sure your legal rights are protected and you get the terms that you deserve, it is important to hire a Central Valley divorce attorney who specifically handles these types of cases.
Call an Experienced Central Valley Divorce Attorney
If you are involved in a divorce proceeding, planning to file for divorce, or are dealing specifically dealing with child support issues, it is in your best interest to consult with an experienced family law attorney to help you learn your legal rights and options with respect to the division of your assets.
For more information or to schedule a complimentary consultation with Central Valley family law attorney Gurjit Srai, please call (209) 323-5558 or (559) 449-1447, or complete our online form.