Dissolution or Nullity of Domestic Partnership by Petition of the Superior Court
If all 13 of the requirements described above for terminating your domestic partnership through the filing
process with the California Secretary of State are not met, a petition must be filed with a California Superior
Court in order to dissolve the domestic partnership. This is the same process used to dissolve a marriage (a
divorce or annulment) or to legally separate. There are four different petitions that can be filed with the court,
and each has different effects as briefly described below.
How to Start
To start a court process, you must complete and file a Petition for Dissolution of Domestic Partnership, a
Petition for Dissolution of Domestic Partnership and Marriage, a Petition for Judgment of Nullity of
Domestic Partnership, or a Petition for Legal Separation of Domestic Partners with a California Superior
Court. A copy of the petition and the court summons must be personally delivered to your domestic partner.
However, you cannot deliver the summons and petition yourself. You must have an adult friend or other
adult deliver the documents or you can pay a process server or private company to complete this task.
You Can Go to Mediation or Ask for Temporary Orders
Unlike filing a notice of termination with the California Secretary of State, when you file a petition with the
court, you will have the right to ask the court to help you come to an agreement or to make temporary orders
while waiting for the domestic partnership to be dissolved. It is always best if both partners can reach
agreement on the issues, but when you can’t reach an agreement, and the matter must be resolved right
away, you can ask the court to send you to mediation (a process that will help you reach agreement) and/or
to make temporary orders. Either partner may ask the court to make temporary orders regarding property
rights, support, child custody, and other issues involving the partnership.
Petition for Dissolution of Domestic Partnership
A Petition for Dissolution of Domestic Partnership is a formal request by one partner to the Superior Court
asking the court to dissolve the domestic partnership. It is very similar to a Petition for Dissolution of
Marriage (a divorce), but only dissolves the domestic partnership. A judgment issued by the court in this
case will dissolve the domestic partnership and will restore both partners to the status of un-partnered
persons. Among other things, the judgment also will decide the custody of any minor children of your
domestic partnership, how your possessions and obligations will be divided, and if any support will be paid
from one partner to the other.
How Long Does it Take for the Court to Dissolve the Partnership?
Once you have started the process, it will take at least six months for the court to dissolve the domestic
partnership and enter a judgment in a Petition for Dissolution of Domestic Partnership. In many cases it
takes longer than six months. The time it takes will depend on your particular situation and on how well
you and your partner cooperate in the process.
Petition for Dissolution of Domestic Partnership and Marriage
A Petition for Dissolution of Domestic Partnership and Marriage is a formal request by one partner/spouse
to a California Superior Court to dissolve both the domestic partnership and the marriage in a single
proceeding. A judgment issued by the court in this case will end both the domestic partnership and the
marriage.