If you are in a legal domestic partnership and wish to end the relationship, you will have to do it officially and legally. Depending on the state that you live in, you may just have to file a notice of termination with the Secretary of State or you may have to go through an official divorce or annulment process, as if you were married.
Divorce or Annulment to End Domestic Partnership
If you live in a state that requires you the go through the divorce or annulment process in order to end your domestic partnership, you will have to determine whether you qualify for an annulment, or if you will have to get a divorce. You qualify for an annulment if one party was married or in another legal domestic partnership prior to the creation of your legal domestic partnership. Additionally, if your legal domestic partnership was created under the circumstances of force, fraud, or physical/mental incapacity, you qualify for an annulment.
Differences Between Ending a Domestic Partnership and Ending a Marriage
The laws about the ending of a domestic partnership differ from state to state, but they are typically less strict than laws related to the ending of a marriage. Most states have laws that require married people to live apart for a certain amount of time before they can file for divorce, but this type of law is atypical for ending a domestic partnership. Monetary laws such as tax consequences and spousal (partner) support are usually less harsh or nonexistent.
How to End Domestic Partnership
When a domestic partnership ends, the court will typically divide the assets of the couple. If there are children, custody will be granted to one party and the other will be required to pay child support or alimony. After the domestic partnership has been ended, you may marry or enter into a domestic partnership with someone else.
Providing Notice About the Ending of a Domestic Partnership
After your domestic partnership has ended, you are required by law to provide notice to your employer or anyone else that is providing you with benefits due to your domestic partnership. If you do not notify your provider(s) of benefits within a reasonable amount of time, they may sue you.
Legal Representation to End Domestic Partnership
You are not required to hire a lawyer in order to end your domestic partnership. However, laws about the ending of a domestic partnership are relatively new and vary from state to state, so it is recommended that you consult with a lawyer that understands the laws regarding the ending of a domestic partnership in your state. With the help of TalkLocal, you can receive up to three phone calls in minutes from up to three high quality, local divorce attorneys that will be available when you need them.
