An Introduction to Domestic Partnerships
Domestic partnerships are legally recognized unions between two people, often with the same rights and obligations as civil marriages. Their legal significance depends on the domestic partnership law in their local, state, or national law. Although domestic partnerships can resemble civil marriage in many ways, such as providing health benefits and tax breaks to partners, it also distinguishes same-sex unions from heterosexual unions while legal recognition over both heterosexual and same-sex unions has increased .
As of early 2019, domestic partnerships are only available in 13 states and Washington, D.C. While domestic partnerships are usually based on the formal establishment of a relationship through a license, sometimes people form a domestic partnership after living together without formal documentation. Domestic partnerships may not be available based on age, gender, or sexual preference.
Grounds for Dissolution
As with a marriage, there are legal grounds upon which a domestic partnership can be dissolved. However, unlike spousal support, which is not required in a domestic partnership, the grounds upon which a divorce can be granted are identical to those on which a dissolution of a domestic partnership can be granted. California law provides that a domestic partnership may be dissolved when either:
- (1) The domestic partnership spouse or partner has incurred, or agreed to pay, a judgment for support under Family Code Sections 164 (written agreement) or 169 (de facto spouse), and that judgment has not been satisfied;
- (2) One domestic partner has been absent for 7 years and prior to that absence was in the military or was an individual member of the United States Foreign Service as defined in 22 U.S.C. Section 4083(7) or an officer of the United States Maritime Service or the commissioned corps of the National Oceanic and Atmospheric Administration, the commissioned regular corps of the Public Health Service, or the regular commissioned corps of the No Coast and Geodetic Survey; or
- (3) The partnership is dissolved by family court decree upon a showing by the domestic partner plaintiff of any of the following:
(i) That one party was or has been incurably insane for a period of 2 or more years;
(ii) That the other party was and has been in prison in a state prison or in the penitentiary of the United States or in a federal penitentiary for a period of 4 consecutive years immediately preceding the commencement of the proceeding.
(iii) That the parties have lived separate and apart for a continuous period of at least 6 months immediately preceding the commencement of the proceeding, and they are not, at the time of the commencement of the proceeding, in a state of reconciliation.
Filing Forms
To initiate the dissolution process, domestic partners must file certain forms with the court. First, a Declaration of Disclosure must be filed, which informs the court of any and all assets acquired during the period of the domestic partnership. The parties must also file a Declaration Regarding Dissolution of Domestic Partnership, which is a legal document that outlines their intent to dissolve their domestic partnership and sets forth any agreements they may have reached regarding the division of property and other issues.
If the parties have minor children, they will have to fill out a Child Custody Dispute Declaration and Parenting Plan. The Declaration is filed with the court and provides the court with general information about the children and details on how the children were financially supported. The Parenting Plan is a voluntary plan designed to promote the best interests of the children. The parties will also fill out a Child Support Information Sheet which provides basic information regarding the children and the party requesting support.
Once these forms are completed, they must be filed with the Secretary of State. The parties must pay a court filing fee, which varies from county to county. After filing, the parties will receive a filed copy back, which will later need to be served upon the other party. Parties will have to provide proof of service to the court in order to move forward with the dissolution process.
Division of Property and Liability
As with ending any other form of domestic relationship, the division of assets and debts is one of the most stressful and contentious issues in the dissolution process. A domestic partnership is no different than a traditional marriage in this respect. Although there are some differences in how the laws of the state where the couple resides views the division of property upon dissolution of the domestic partnership, the process itself is fairly similar. This is especially true in a community property state such as California, but it is also true in a state such as Florida, which is not a community property state. First, all assets are considered community property regardless of whose name is on the title, and all debts that the couple has (whether jointly created or individual to one of the partners) are considered joint debts of the domestic partnership. Whatever purchases and assets that the couple has together will have to be formally valued and assigned to one of the partners so that they can be divided in the legal process. Although many of these items will simply be sold and the money divided, the more common items are usually those that are highly valued like vehicles, collectibles or items of personal significance to one or the other party. The state in which the couple resides will govern these discussions – so if they currently reside in California, the state will consider the property owned individually by one partner as jointly owned by both partners. However, if they are temporary residents in California and have spent most of the time leading up to the dissolution of their relationship in Colorado, then the laws of that state will control. In either case, without an exception to the property being considered jointly owned (transfer of the title to one party for example), all property is treated equally even if it was purchased before the domestic partnership took place. Once the value of the property is settled, a mutual agreement can be reached among the parties as to who will keep what. In some cases, a mutually acceptable exchange of property can occur, or an even split may be the most desirable method. In some instances, it may be desirable to have the property valued, liquidated and the proceeds divided according to the terms of their agreement. The competency of an experienced family law attorney can limit disputes and create a more peaceful process.
Child Issues Including Custody and Support
When a domestic partnership is dissolved, issues of child custody and support are treated similarly to a legally married couple going through a divorce under Texas Family Code Section 153.005 which states that just as the best interests of the child are paramount for conservatorship and possession and access, so are the requirements of the law regarding the duty of parents to support a child.
Texas also allows for dissolution of a domestic partnership through mediation. This alternative dispute resolution process allows parents to come to an agreement regarding child custody and support the same as if they were married. However, once again , an agreement regarding child custody and support is enforceable only so long as it meets the best interests of the child. For example, if one parent is ordered to pay $500 a month in child support, but then they win money in the lottery, they are still required to maintain the $500 a month child support so long as that amount is in the best interests of the child.
Child custody issues can be some of the most contentious, which is why many Texas judges require mandatory mediation to attempt to settle issues before trial. Also, parties entering into any agreement regarding their children should always have an attorney review the agreement to make sure that it is enforceable and good for the long-term best interests of the child.
Seeking Assistance: Mediation and Legal Representation
If the end of a domestic partnership is amicable, the couple may be in a position to help one another dissolve the partnership with the least amount of stress. However, mediation can help when disagreements occur during the dissolution process.
Mediation is the use of an experienced third-party as a neutral intermediary to help each partner air their grievances and accomplish a productive conversation. In mediation, the couple can work to develop the necessary documents describing how a partner will dissolve their domestic partnership.
In accordance with California law, the dissolution of a domestic partnership only requires the submission of a written agreement that includes certain points of information. The State sets the minimum bar for the documents required, but a couple may feel more comfortable with a more detailed proposal explaining the terms of their domestic partnership termination.
If a couple is unable to agree on the terms of their dissolution during mediation, both will need to hire an attorney to help represent their interests. Although hiring an attorney can make the domestic partnership dissolution process more complicated, it is normal to be in need of an attorney during the termination of a domestic partnership.
Completing the Dissolution
Once the agreement has been completed and all necessary documents have been prepared, the next step in the process is to submit these documents to the court for approval. One legally binding order obtained from the court is a domestic partnership dissolution order. After a judge signs this order, a divorce decree is officially in existence. A domestic partnership dissolution is comparable to a divorce, so the same rules apply for filing, including the payment of court fees. The documents, including a final declaration under the Family Code 770(b), either a judgment or notice of entry of judgment, and other documents giving full disclosure, should be signed and submitted by both parties to the court. The supporting evidence filed with the request for approval must show that the partner seeking the dissolution has been residing in California for the past six months and that the two have been a resident of the county where the request is filed for the last three months. If the partner lives out of state, he or she must file in the county where his or her partner resides. If the copy of the domestic partnership agreement that has been filed has been personally signed by both parties, a hearing date may be avoided. For the final step, a judge will review the papers that have been filed for approval and, if satisfied, will issue a dissolution order, terminating the domestic partnership.
Post-Dissolution Steps
A post-dissolution action is to remove each other from insurance policies and the healthcare proxy. You will want to update the beneficiaries on all bank accounts and investment accounts. If you have a will, you will have to have a new will prepared. If you had joint tax returns, one spouse can no longer sign. You will have to have have your accountant do amended returns. If you have corporate stock, new stock certificates will have to be issued.
If you have a durable power of attorney, you will need a new one . If you are joint tenants with rights of survivorship and one of you dies prior to the dissolution, the survivor now owns the asset and the surviving partner’s name should be placed on the title or deed pursuant to the way the asset was held. If property was in a trust, the trust will need to be reconstituted and the other partner will be given his or her share of the trust property as well as being put back on bank accounts and other assets held by the trustee.