Legal Question in Civil Litigation in California

I'm in a same sex domestic partnership,we been separated for over a few years. We have made a attempt to end the partnership but we're unsuccessful due to her not having my last name. Now we live far from each other and I'm looking to be married with my new partners. How can we terminate this partnership since we both left california?


Asked on 10/13/15, 11:30 am

2 Answers from Attorneys

This is what the California Administrative Office of the Courts says on the subject:

"For domestic partners to get a divorce:

If your domestic partnership is registered in California, you have automatically agreed to the jurisdiction of the California courts to end your domestic partnerships � even if you move away or have never lived in California. So you do NOT need to meet the residency requirements that married couples must meet.

If your domestic partnership was NOT registered in California, you or your domestic partner must have lived in:

California for the last 6 months, AND

The county where you plan to file the divorce for the last 3 months.

If you and your domestic partner do not live in California, when you file to end your domestic partnership in California, the court may not be able to make orders about other issues like property and debt, partner support, or your children. If this is your situation, talk to a lawyer with experience in domestic partnership laws. Click for help finding a lawyer."

So as long as you don't have any custody, support or property issues to deal with, and you know where she is and she is willing to do her part with the relevant documents, you can have a California Family Law attorney process the dissolution for you without either of you ever having to come to California. It can all be done by fax, .pdf and mail.

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Answered on 10/13/15, 11:51 am
Edward Hoffman Law Offices of Edward A. Hoffman

Mr. McCormick's answer is quite good. But depending on how long ago you and your partner left California, you may also have the option of filing in the state(s) where you now live. Whether you do -- and whether that option might make sense for you -- will also depend on the laws of the other state(s).

Your question is actually more about Family Law than General Civil Litigation. You may get more and better answers if you re-post it under that category. If you do re-post your question, you may want to add a sentence or two stating how long it's been since you and your ex moved out-of-state.

Good luck.

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Answered on 10/13/15, 12:07 pm


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