Senate Bill 30 in California: New Law on Domestic Partnerships

Before Gov. Newsom signed Senate Bill 30 into law, domestic partnerships were only available to same-sex couples and opposite-sex couples provided that both the man and woman were over the age of 62. The original law was written before same-sex marriage was legal, as it is today.

However, starting January 1, 2020, the law will apply to all couples, regardless of gender and free from age restrictions. When a couple wants to establish a domestic partnership, they must file a Declaration of Domestic Partnership with the Secretary of State and meet these requirements:

Neither can be married to someone else

Neither can be in a domestic partnership with someone else

The couple must not be related by blood in a way that would prevent them from getting married to each other in California

Both must be at least 18, except in special circumstances

Both are capable of consenting to the domestic partnership

This means that heterosexual couples can also formally dissolve domestic partnerships using the same methods same-sex couples have used in the past.

Dissolving a Domestic Partnership in California Under Senate Bill 30

SB 30 - Dissolving a Domestic Partnership in California

If you want to dissolve a domestic partnership in California, you could be eligible for what’s called a summary dissolution. If you don’t qualify for a summary dissolution, you have to terminate your domestic partnership through the court system.

Terminating a Domestic Partnership Through the Secretary of State

In some cases, you can dissolve your domestic partnership through the Secretary of State. You do this by filing a Notice to Terminate Domestic Partnership, but only if you meet all of these requirements:

You must read and understand the Secretary of State brochure on terminating domestic partnership (here).

You must both agree to dissolve your partnership.

You cannot have been registered as domestic partners for more than five years.

You cannot have children from before – or during – your domestic partnership.

You cannot have adopted children during your domestic partnership.

Neither of you can be pregnant.

Neither of you can own any part of land or buildings.

Neither of you can be renting any land or buildings, with the exception of your primary residence – and if you’re renting your living quarters, your lease must not include a purchase option that will end within a year from the time you file.

Your community property must be worth less than $40,000, not counting your vehicles.

Your separate property must be worth less than $40,000, not counting your vehicles.

Your community obligations (loans) must be less than $6,000, not counting vehicle loans.

You will both sign an agreement that outlines how you’ll divide your assets and debts, or that affirms that you have no community property or community debts.

You both agree that neither of you wants money or support from the other, except what’s included in your property settlement agreement.

Terminating a Domestic Partnership Through the Court System Under Senate Bill 30

SB 30 - Terminating a Domestic Partnership Through the Court System

If you don’t qualify for a summary dissolution, you will have to terminate your domestic partnership through the court. It’s always a good idea to talk to an attorney and get legal guidance before you end a formal relationship – particularly if you’ll be working through the court system.

Do You Need to Talk to a Lawyer About the New California Law on Domestic Partnerships?

If you’ve entered into a domestic partnership that you want to dissolve, we may be able to help you. Call us right away at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable divorce attorney in Stockton right now. We’ll answer your questions about child custody and child support, property division and more.

Divorce

What is Summary Dissolution in California?

March 27, 2019March 17, 2019
by Angie

If you’re like most people contemplating a split from your spouse, you think a regular divorce is the way to go – but instead, a summary dissolution might be right for you.

What is Summary Dissolution?

Summary dissolution is one way to end your marriage or domestic partnership. It’s not for everyone, but for some people, it’s a quicker, less complex way to bring an end to the legal contract you signed with your “other half.”

It’s kind-of a fast-track, and it’s available to all married couples and domestic partners, regardless of gender. You can also use it if you were domestic partners at one time and later married.

Who Qualifies for Summary Dissolution?

Only some people qualify for summary dissolution. You must meet all these requirements to qualify:

At least one of you must have lived in California for the past 6 months
At least one of you must also have lived in the county where you file for dissolution for the past 3 months
You both agree to terminate your marriage or partnership because you have irreconcilable differences
You do not have minor children together, and neither one of you is pregnant with a shared child
Your marriage or domestic partnership lasted 5 or fewer years from the date you were married or registered as domestic partners to the date that you separated
You don’t own any land or other “real property” (like a house or commercial building)
Neither of you has built up more than $6,000 in debt since you began your marriage or partnership (car loans don’t count)
You must have less than a certain amount in community property (the amount is subject to change, so ask your attorney about the current limit)
You both complete and sign a property settlement agreement to divide the community property that you do own together
You both agree to give up any rights you may have to spousal support
You have both read and understand California’s Summary Dissolution Information booklet (here)

There is an exception to the residency requirement: If you are a same-sex married couple who no longer lives in California, but you were married in California, you can still file in our state if the state you live in now won’t dissolve your marriage. You’ll have to file in the county where you were married to take this route.

What is the Difference Between Summary Dissolution and Divorce?

Summary dissolution is a divorce. It’s simply one that’s a bit less complex than the traditional route.

Related: Overview of divorce in California

How Long Does it Take to Get a Summary Dissolution in California?

There’s a 6-month waiting period for a summary dissolution. What that means is that your attorney will file your petition for you – and once the 6-month period is over, the court will enter a judgement that orders the dissolution of your marriage or domestic partnership. Once that’s done, you can remarry or start a new domestic partnership – your previous marriage or partnership is officially over.

Is There a Downside to Summary Dissolution in California?

While there isn’t a downside – you still get to dissolve your marriage or domestic partnership using a summary dissolution – the catch is that it’s only available to certain people. You can’t have minor children together (neither biological nor adopted) and you can’t have much community property together.

If you don’t meet the criteria, you’ll have to file for divorce rather than summary dissolution. Divorce brings about the same results.

Do You Need to Talk to a Stockton Divorce Lawyer About Summary Dissolution?

If you think that summary dissolution might be the right option for you to end your marriage or domestic partnership, we can help you. Keep in mind, though, that it’s not for everyone – you may need to end up filing for a standard divorce.

Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable divorce attorney in Stockton right now. We’ll answer your questions about child custody and child support, property division and more.

Tag: <span>Domestic Partnership</span>

Senate Bill 30 in California: New Law on Domestic…