In California, if a couple has a registered domestic partnership, and they wish to divorce or end the relationship, they need to file a disillusion of domestic partnership. The disillusion of domestic partnership is the same process as a California divorce or legal separation. One party is the petitioner and the other party is the respondent. The petitioner files a petition for disillusion of partnership with a summons and serves it upon the respondent by someone other than themselves.
California law applies the same rules for division of property and spousal support as is applied in a divorce or legal separation. If the domestic partners can agree on how to divide the property and determine support fairly, they will proceed with a domestic partnership settlement agreement to be filed in family court with a judgment for disillusion of domestic partnership. The process can be pleasant and courteous if both partners agree with the Dissolution.
If they are unable to reach an agreement, the partners must take their case to family court and ask a judge to settle the dispute. Family court is much more consuming financially and time costly. A Mediator can help settle disputes outside of court if both partners wish to find an alternative to litigation.
When it comes to children in a Domestic Partnership custody battle, if one parent is the biological mother or father and the other is not, generally the Biological parent receives majority if not full custody of the child. Although there are exceptions, this is usually the outcome of custody battles in Domestic Partnerships. If possible, couples should determine custody and child support in mediation in order to give both parents fair rights. If the Domestic Partner has adopted the child or children the parent/partner will be treated the same as the biological parent when it comes to custody determination.
Dissolution of a Domestic Partnership is rarely an easy process, and legal support is recommended for the parties. The Family Law Center has been representing clients dealing with California Domestic Partnerships. Serving the greater Sacramento area including: Antelope, Auburn, Cameron Park, Carmichael, Citrus Heights, Davis, El Dorado Hills, Elk Grove, Fair Oaks, Folsom, Granite Bay, Placerville, Rancho Cordova, Rocklin, Roseville, Sacramento, West Sacramento, Woodland and the counties of Sacramento, El Dorado, Placer, Yolo with a dedication to providing legal services in a compassionate and cost-efficient manner tailored to your individual needs.