How to End a Domestic Partnership
Consider hiring an attorney., Read the laws regarding domestic partnerships or civil unions in your state., Divide your property and debts according to the appropriate laws.
Step-by-Step Guide
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Step 1: Consider hiring an attorney.
Family law is very detailed and far reaching.
So many different things are likely to impact your case, and judges have great latitude for discretion.
If you can afford a local attorney who knows the types of things your judge favors and disfavors, it would be best to hire one.
See How to Find a Good Attorney.
Even if you cannot afford a full-service attorney, some attorneys provide unbundled services, which means they will provide limited services to you, such as:
Preparing documents Giving you legal advice Teaching you the law as it applies to your case Coaching you through the process. -
Step 2: Read the laws regarding domestic partnerships or civil unions in your state.
The laws regarding domestic partnerships and civil unions are different in various locations.
Because domestic partnerships and civil unions are not fairly uniformly handled, it is challenging to locate the statutes.
Start with the state statutes and search for domestic partnerships or civil unions.
If you find nothing, look at codes for your local county/parish and city, again searching for domestic partnerships or civil unions.
If you find nothing in any set of statutes, contact the clerk of courts or the county recorder’s office.Some states do not provide for domestic partnerships or civil unions at all.
In some of those states, individual counties or cities may have enacted domestic partnership or civil union laws for that location.
Some states forbid domestic partnerships or civil unions, and some states provide for domestic partnerships or civil unions that are consistent throughout the state.
Frequently, in a jurisdiction that forbids or is silent on domestic partnerships, there will also be no provision for terminating one.
In that case, you may need to return to the jurisdiction in which you registered the relationship if you still qualify for the process.
In some jurisdictions, you only complete a form stating the domestic partnership or civil union is terminated, and any division in property or debts must be handled separately through contract or property laws.
In other jurisdictions, you must terminate your domestic partnership or civil union by filing a petition in family court, similar or identical to a divorce or dissolution of a marriage.
In other cases, there are no provisions for terminating domestic partnerships or civil unions, and division of property or debts must be handled separately through contract or property laws.
Custody of any children of the relationship will be decided by the family courts. , If your jurisdiction does not provide for a division or property and debts through the family courts, you will need to divide them yourselves.
Even if you go through the family courts, courts are likely to endorse agreements between the parties rather than hold a trial.
Discuss the property and debt division between yourselves and attempt to come to an agreement.
If you come to that agreement, simply follow it.
One person buys the other partner’s interest out in certain properties, or a partner takes out their own loan to pay off a joint loan while simultaneously transferring ownership of the property to the partner paying for the property.
Put this agreement in writing as a contract.
See How to Write a Legal Contract File suit in the appropriate court.
If the two of you cannot agree on a property settlement, you may need to file an appropriate legal action with the courts, such as a partition of real property with multiple owners, breach of contract, or promissory estoppel. -
Step 3: Divide your property and debts according to the appropriate laws.
Detailed Guide
Family law is very detailed and far reaching.
So many different things are likely to impact your case, and judges have great latitude for discretion.
If you can afford a local attorney who knows the types of things your judge favors and disfavors, it would be best to hire one.
See How to Find a Good Attorney.
Even if you cannot afford a full-service attorney, some attorneys provide unbundled services, which means they will provide limited services to you, such as:
Preparing documents Giving you legal advice Teaching you the law as it applies to your case Coaching you through the process.
The laws regarding domestic partnerships and civil unions are different in various locations.
Because domestic partnerships and civil unions are not fairly uniformly handled, it is challenging to locate the statutes.
Start with the state statutes and search for domestic partnerships or civil unions.
If you find nothing, look at codes for your local county/parish and city, again searching for domestic partnerships or civil unions.
If you find nothing in any set of statutes, contact the clerk of courts or the county recorder’s office.Some states do not provide for domestic partnerships or civil unions at all.
In some of those states, individual counties or cities may have enacted domestic partnership or civil union laws for that location.
Some states forbid domestic partnerships or civil unions, and some states provide for domestic partnerships or civil unions that are consistent throughout the state.
Frequently, in a jurisdiction that forbids or is silent on domestic partnerships, there will also be no provision for terminating one.
In that case, you may need to return to the jurisdiction in which you registered the relationship if you still qualify for the process.
In some jurisdictions, you only complete a form stating the domestic partnership or civil union is terminated, and any division in property or debts must be handled separately through contract or property laws.
In other jurisdictions, you must terminate your domestic partnership or civil union by filing a petition in family court, similar or identical to a divorce or dissolution of a marriage.
In other cases, there are no provisions for terminating domestic partnerships or civil unions, and division of property or debts must be handled separately through contract or property laws.
Custody of any children of the relationship will be decided by the family courts. , If your jurisdiction does not provide for a division or property and debts through the family courts, you will need to divide them yourselves.
Even if you go through the family courts, courts are likely to endorse agreements between the parties rather than hold a trial.
Discuss the property and debt division between yourselves and attempt to come to an agreement.
If you come to that agreement, simply follow it.
One person buys the other partner’s interest out in certain properties, or a partner takes out their own loan to pay off a joint loan while simultaneously transferring ownership of the property to the partner paying for the property.
Put this agreement in writing as a contract.
See How to Write a Legal Contract File suit in the appropriate court.
If the two of you cannot agree on a property settlement, you may need to file an appropriate legal action with the courts, such as a partition of real property with multiple owners, breach of contract, or promissory estoppel.
About the Author
Nancy Reynolds
Enthusiastic about teaching lifestyle techniques through clear, step-by-step guides.
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