Domestic Partnership Law

While domestic partners face similar issues
as legally married couples – whether same-sex or not — they often do not have
the same legal protections when things do not work out. Domestic partnership
dissolution is equivalent to a divorce, and ending your domestic
partnership returns you and your partner to the status you were before you were
partnered. Domestic partner benefits and obligations under the law
therefore cease when the domestic partnership ends.

Moreover, since not all states recognize
domestic partnerships, it may be challenging to end a domestic partnership that
involves property, debt, and children. Even so, partners wishing to end a
relationship that involves jointly-owned property and other matters may seek the
advice of a family law attorney who is experienced with civil union or domestic
partnership dissolution.

Domestic Partnership Laws

Domestic partnership laws give registered
partners most of the rights and obligations of married couples under the law,
including the right to end their domestic partnership. While domestic
partnership laws vary by state — ranging from states that outline the precise
method, time, and manner of domestic partnership dissolution to states that do
not have domestic partnership laws on the books — the process of ending a
domestic partnership is generally laid out in the initial domestic partnership
agreement that was filed with the state.

In many cases, however, courts are often left
to decide financial, property, and family matters concerning the partnership,
especially in cases where a domestic partnership agreement outlining what may
happen in the event of dissolution was not established or where the domestic
partnership was never legalized.

Even so, states will generally recognize
domestic partnership agreements that were created in their own state, but may
not recognize or enforce domestic partnerships from other states. Some states,
including Washington, automatically converted domestic partnerships to
marriages upon the legalization of same-sex marriage (prior to the U.S. Supreme
Court’s Obergefell decision).

Property Division

Generally, property that was acquired before
registration of the domestic partnership or acquired as a gift or inheritance
(whether before or during the domestic partnership) is considered
“separate property” and not subject to division when a domestic
partnership ends.

Otherwise, a court may distribute property
that was acquired during the partnership in one of the following ways, taking
into account the nature and extent of the property and the duration of the
domestic partnership, for example:

Distribute property unevenly (based on the equity interest to
each partner)
Distribute property evenly (50/50)
Partition the property as it the parties were joint tenants

Maintenance

Maintenance is a payment that one party makes
to the other to provide financial support after a domestic partnership ends.
While maintenance is not automatically awarded, the courts will look at several
factors when determining whether to award maintenance payments, including:

Length of the domestic partnership
Financial situation of the parties, and the other party’s
ability to pay
Time it will take for the party asking for maintenance to get
education or training
Standard of living during the domestic partnership
Age and health of the party asking for maintenance

For example, a court may be more likely to
award maintenance to a partner who was unemployed for a while because he or she
stayed home to care for children. On the other hand, the court may still award
maintenance to that party if it will keep the party in the same standard of
living that was usual during the domestic partnership.

In essence, the court determines maintenance
requests on a case by case basis and looks beyond that which will only provide
the bare necessities.

Parenting Arrangements and Child Support

In partnerships that involve biological or
adopted children, a court will look at several factors when
determining child custody, child support, and child visitation, including:

Which parent the children will live with the majority of the
time (or each parent half of the time)
How much time the children will spend with the other parent
(“visitation”)
Who will make decisions about the children’s schooling, medical
care and other issues
How the parents will resolve disagreements about the children
in the future.

Partners may also choose to establish their
own parenting plan in which to show the court before final
determination.

Procedure for Terminating a Domestic
Partnership

Generally, a domestic partnership terminates
automatically when any one of the following occurs:

One partner gives notice to the other partner that he or she is
terminating the partnership
One of the domestic partners dies
One of the domestic partners marries
The domestic partners no longer share a common residence

Parties who wish to terminate their domestic
partnership may therefore do it in two ways — by either filing a termination
with the Secretary of State or county clerk’s office (subject to state
eligibility requirements) or by petitioning the court – depending on the
circumstances of the domestic partnership. For example, partners who mutually
agree to dissolve the partnership and have little or no debt, obligations, or
child that were born or adopted to the union, may file for termination the
easier more economical way through the clerk’s office.

Conclusion

Ending a domestic partnership can be
complicated, especially if it involves children, real estate, and large amounts
of community property and debt. To ensure the best possible outcome for you and
your family, speak with an experienced family law attorney in your area who has
handled domestic partnership cases.