In California, if you have a registered domestic partnership and wish to divorce or end the relationship, you need to file a dissolution of domestic partnership. This is the same process as a divorce or legal separation. One party is the petitioner, and the other party is the respondent. The petitioner files for dissolution of partnership with a summons and has someone else serve the papers on the respondent.
You can dissolve the marriage and partnership at the same time if you are both married and registered as domestic partners. If your partnership has been registered less than five years, and you have no children or real property, you may be able to file a notice of termination instead, but this is a limited option and would not dissolve a marriage.
Remember, if you are in a same-sex marriage or domestic partnership and are thinking about divorce, you should consider having legal representation to protect your rights. Determining parentage, custody, and visitation can be particularly complex for same-sex couples. You should seek legal counsel who is familiar with and sensitive to the issues that affect your family.
If you are unable to reach an agreement, you must take your case to family court and ask a judge to help you settle things. But the litigation process can be time-consuming, costly, and emotionally draining. Our attorney-mediators at Family Law Center have experience with and take pride in serving the LGBT community. Our qualified representatives can help resolve disputes outside of court if you prefer to avoid litigation.
Same-Sex Settlement Services
The divorce process in California is the same for all couples – opposite-sex and same-sex couples, as well as domestic partners. While mediation may not be an option for you, settlements can still be reached through litigation. Settlement-oriented litigation uses the tools of advocacy to reach a resolution outside the courtroom.
Same-Sex Division of Assets, Property, and Debt
In California, the rules are the same for all couples when it comes to dividing property and determining spousal support. If you agree on these important issues, you can file a domestic partnership or marital settlement agreement in family court with a judgment for dissolution of domestic partnership and/or marriage. But if this isn’t possible, you’ll need to proceed with litigation. A process known as discovery may be necessary to determine the value of the assets and debts at issue. This process may include form interrogatories, special interrogatories, requests for production of documents, and subpoenas. If the litigation process does not result in settlement, then the case will proceed to trial.
Same-Sex Uncontested Divorce Services
An uncontested divorce may mean that you both generally agree on the issues in your divorce, such as spousal support and the division of property. In situations like this, there is nothing to fight over, or, perhaps, one party is simply not contesting the divorce in any way. Sometimes one party will not even file a response, which allows the petitioner to request that a default judgment be entered. Depending on the circumstances, you may require a mediator to help draft the agreement, or one of the parties may desire representation to help finalize the divorce.
Call Today to Protect Your Rights
It’s important to protect your rights whether or not you both agree on the issues, so contact the Family Law Center to schedule a consultation with one of our Same-Sex attorney-mediators today. Call us at (916) 488-5088 or send us an email.
We are ready to help you.
Contact the Family Law Center to schedule a consultation with one of our LGBT attorney mediators. Call us at (916) 488-5088 or email us at info@FamilyLawCenter.US.
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