Quick Answer California Registered Domestic Partnerships can be dissolved through one of two processes. Expedited termination through the California Secretary of State is available for partnerships meeting strict criteria including duration less than 5 years, no children, no real estate, limited assets and debts, and both partners agreeing. Standard dissolution requires filing in family court using the same process as divorce. California Family Code section 297.5 grants registered domestic partners the same rights and responsibilities as spouses, including community property division and the right to spousal support. Federal recognition is limited because the Defense of Marriage Act and tax code generally do not recognize domestic partnerships. After the Obergefell decision in 2015, many same sex couples chose marriage over domestic partnership, but domestic partnerships remain available in California for both same sex and opposite sex couples.
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What Is a California Domestic Partnership
A California Registered Domestic Partnership (RDP) is a legally recognized relationship between two adults who meet specific criteria and register with the California Secretary of State. Domestic partnerships were created in 1999 to provide same sex couples with legal recognition when marriage was not available to them. The relationship was significantly expanded in 2005 under Assembly Bill 205, codified in California Family Code section 297.5, which grants registered domestic partners the same rights and responsibilities as spouses under California law.
Since 2020, California domestic partnerships have been available to all couples regardless of gender. This was an important change because domestic partnerships offer some benefits that marriage does not, particularly for couples who do not want to be considered married for federal purposes. Conversely, marriage offers federal recognition that domestic partnerships do not.
Who Can Register
Under California Family Code section 297, the requirements to register a domestic partnership are:
- Both parties have a common residence
- Both parties have agreed to be jointly responsible for basic living expenses
- Neither party is married or in another domestic partnership
- The parties are not blood relatives close enough to prohibit marriage
- Both parties are at least 18 years old (with limited exceptions)
- Both parties are capable of consenting to the partnership
Registration is completed by filing a Declaration of Domestic Partnership with the California Secretary of State. The fee is $33 in 2026. Once registered, the partnership has full legal effect under California law.
Rights and Responsibilities
California Family Code section 297.5 grants registered domestic partners the same rights, protections, and benefits, and the same responsibilities, obligations, and duties as spouses under California law. This includes:
- Community property rights
- Right to spousal support
- Right to inherit by intestacy
- Hospital visitation rights
- Right to make medical decisions for an incapacitated partner
- Health insurance coverage through employer
- Joint adoption rights
- Joint custody of children
- Right to file California state taxes jointly
- Right to make decisions about partner’s remains and funeral
California Family Code section 297.5 specifically states that former domestic partners have the same rights and obligations as former spouses, including the obligation to support a former partner under appropriate circumstances.
Two Ways to Dissolve
California provides two paths to dissolve a registered domestic partnership. The right choice depends on your specific circumstances. A board-certified family law specialist can help you determine which option is appropriate.
1. Expedited Termination Through Secretary of State
Available only for short, simple partnerships meeting strict criteria. Both partners file a Notice of Termination of Domestic Partnership with the California Secretary of State. No court involvement is required. The termination is effective 6 months after filing.
2. Standard Court Dissolution
Required for any partnership that does not qualify for expedited termination, or when the partners disagree on issues. Filed in family court using the same forms and process as divorce. The same waiting period and procedures apply as a divorce.
Expedited Termination Process
California Family Code section 299 allows expedited termination through the Secretary of State when ALL of these conditions are met:
- The domestic partnership has been in effect for less than 5 years
- Neither partner has children of the partnership
- Neither partner is pregnant
- Neither partner owns real estate
- Neither partner has incurred more than $7,000 in unpaid debts during the partnership
- Community property is worth less than $52,000 (excluding cars)
- Combined separate property is less than $52,000 for each partner
- Both partners have signed an agreement dividing all assets and debts
- Both partners waive any right to support from each other
- Both partners read and signed a brochure about expedited termination from the Secretary of State
Note that the criteria are similar to but not identical to the summary dissolution requirements for marriage under California Family Code section 2400.
Filing the Notice
To file for expedited termination:
- Both partners obtain the Notice of Termination of Domestic Partnership form (Form NP/SF DP-2)
- Both partners complete the form and sign it before a notary
- File the form with the California Secretary of State
- Pay the filing fee (typically $30)
- Wait the 6 month statutory period under California Family Code section 299(a)
- The termination becomes effective 6 months after filing unless one partner revokes it during that period
Standard Court Dissolution Process
Standard dissolution of a domestic partnership uses the same family court procedures as divorce. The process is governed by the same procedural rules and substantive law that apply to divorce dissolution.
Required Forms
The required forms are the same as for divorce, including:
- Petition for Dissolution (Form FL-100, with the box for domestic partnership checked)
- Summons (Form FL-110)
- Proof of Service of Summons (Form FL-115)
- Income and Expense Declaration (Form FL-150)
- Schedule of Assets and Debts (Form FL-142)
- Final Judgment (Form FL-180)
The filing fee is the same as for divorce ($435 in 2026). Fee waivers are available for low income filers.
Residency Requirements
California Family Code section 299(d) generally requires that the partnership was registered in California for dissolution to occur in California courts. If neither partner currently lives in California but the partnership was registered here, California courts may still have jurisdiction. This is particularly important for partners who registered in California then moved elsewhere.
Property Division in Dissolution
Under California Family Code section 297.5(a), the property rights of registered domestic partners are the same as the property rights of spouses. This means:
- All property acquired during the partnership is presumptively community property
- Community property is divided equally between the partners under California Family Code section 2550
- Separate property (acquired before the partnership or by gift or inheritance during it) remains the original owner’s
- Quasi community property rules apply for property acquired in other states
- The Moore Marsden formula applies to homes owned before the partnership
- Pereira and Van Camp allocations apply to businesses owned before the partnership
The substantive property division law is identical to divorce. The same statutes, the same case law, and the same procedures apply. Only the underlying relationship status differs.
Child Custody and Support
California Family Code section 297.5(d) provides that the rights and obligations of registered domestic partners regarding child custody, child support, and other parental rights and responsibilities are the same as those of spouses. Specifically:
- Both partners are presumed parents of children born or adopted during the partnership
- Custody is decided based on the best interest of the child under California Family Code section 3011
- Child support is calculated using the same guideline formulas under California Family Code section 4055
- Visitation rights apply equally to both partners
- Move away cases follow the same rules under the LaMusga and Burgess standards
The same analysis applies to children adopted during the partnership or conceived through assisted reproduction with the partners’ agreement.
Spousal Support in Domestic Partnership
California Family Code section 297.5 grants registered domestic partners the same right to seek and receive spousal support as married spouses. This is sometimes called partner support but is calculated using the same factors and procedures. The 14 factors in California Family Code section 4320 apply equally.
Both temporary and long term support are available. The same formula based approach for temporary support and factor based analysis for long term support apply. Duration follows the same general patterns based on the length of the partnership.
Federal Recognition Limitations
California domestic partnerships face significant limitations in federal recognition that California marriages do not face. The federal government generally does not recognize domestic partnerships, which affects:
- Federal income tax filing status (must file as single or head of household, not married)
- Social Security spousal benefits
- Federal employment benefits in some cases
- Military spousal benefits
- Immigration sponsorship rights
- Estate tax marital deduction
- Gift tax marital deduction
This limited federal recognition is one reason many same sex couples chose marriage over domestic partnership after Obergefell v. Hodges (2015) made same sex marriage available nationwide. However, some couples specifically prefer domestic partnership because they do not want federal recognition or because they want the rights without the federal tax implications.
Comparison to Divorce
| Feature | Domestic Partnership Dissolution | Divorce |
| Court process | Same as divorce | Standard divorce |
| 6 month wait | Yes | Yes |
| Expedited option | Yes (Sec of State) | Yes (Summary Dissolution) |
| Filing fee | $435 | $435 |
| Property division | Community property | Community property |
| Partner support | Available | Available (alimony) |
| Federal recognition | Limited | Full |
Frequently Asked Questions
Q: Can a domestic partnership be dissolved without going to court?
A: Yes, through expedited termination at the California Secretary of State, but only if specific criteria are met. The partnership must have been in effect for less than 5 years, there must be no children, neither partner can own real estate, community property must be under $52,000, debts must be under $7,000, and both partners must agree on all terms including waiving partner support. If any of these conditions are not met, the dissolution must go through family court.
Q: How long does domestic partnership dissolution take?
A: Expedited termination through the Secretary of State takes exactly 6 months from filing. Standard court dissolution generally follows the same timeline as divorce. An uncontested court dissolution typically takes 6 to 9 months. A contested dissolution can take 12 to 24 months. The 6 month minimum wait applies in both cases under California Family Code section 2339, which applies to domestic partnerships through California Family Code section 297.5.
Q: Do California domestic partners have the same rights as married couples?
A: Under California state law, yes. California Family Code section 297.5 grants registered domestic partners the same rights, protections, benefits, responsibilities, obligations, and duties as spouses. However, federal law generally does not recognize domestic partnerships. This means partners cannot file federal taxes jointly, may not qualify for Social Security spousal benefits, may not qualify for military spousal benefits, and may face other federal limitations.
Q: Can I switch from a domestic partnership to a marriage?
A: Yes. California recognizes both domestic partnerships and marriages. You can dissolve the domestic partnership and then marry, or in some circumstances simply marry while maintaining the domestic partnership status. However, if you marry someone other than your domestic partner without first dissolving the partnership, you could face issues with the partnership remaining in effect. Best practice is to formally end one relationship before beginning another.
Q: Do I need a lawyer to dissolve my domestic partnership?
A: You are not legally required to have an attorney. The expedited termination process through the Secretary of State is designed for self represented partners. Court dissolution is similar in complexity to divorce. For partnerships with significant property, children, or contested issues, attorney representation is strongly recommended. California Family Law Facilitators provide free assistance to self represented parties in court dissolution cases.
Q: What is the difference between a domestic partnership and a marriage in California?
A: Under California law, the differences are minimal. California Family Code section 297.5 grants registered domestic partners the same state law rights and responsibilities as spouses. The main differences are federal recognition (marriage is federally recognized, domestic partnership is not), social recognition (marriage carries broader social meaning), and ceremonial process (marriage typically involves a wedding ceremony). For practical state law purposes, the relationships are essentially equivalent.
Q: Can my partner refuse to sign the expedited termination?
A: Yes. Expedited termination requires both partners’ signatures. If one partner refuses to sign or revokes their consent before the 6 month period ends, the expedited process fails. In that case, the partnership must be dissolved through standard court proceedings, which can be initiated by either partner alone. The non cooperating partner cannot block the dissolution; they can only require it to go through court.
Q: What happens to children of the partnership in dissolution?
A: Children of a registered domestic partnership are treated the same as children of a marriage. Both partners are presumed parents of children born or adopted during the partnership. Custody is decided based on the best interest of the child under California Family Code section 3011. Child support follows the guideline formula. Visitation rights apply equally to both partners. The 5 year lookback for the California Family Code section 3044 domestic violence presumption applies to both partners.
Bottom Line
California Registered Domestic Partnerships can be dissolved through expedited termination at the Secretary of State or through standard family court proceedings. Expedited termination requires meeting strict criteria including duration under 5 years, no children, no real estate, and limited assets. Standard dissolution uses the same procedures and substantive law as divorce. California Family Code section 297.5 grants registered domestic partners the same rights and responsibilities as spouses including community property division, partner support, and parental rights. Federal recognition remains limited, affecting taxes, Social Security, and other federal matters.
If you are considering dissolving a registered domestic partnership, a free consultation with a board-certified family law specialist can help you understand which dissolution path fits your situation and what to expect.
About the Author
Donald Glen Haslam, Esq. is a Board-Certified Family Law Specialist by the California State Bar Board of Legal Specialization and a senior partner at Haslam & Thorne, LLP in Ontario, California. He has practiced family law exclusively for over 40 years, representing families throughout San Bernardino County and the Inland Empire. Reviewed by Brian George Thorne, Esq., Board-Certified Family Law Specialist.
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Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Domestic partnership law has specific requirements that vary based on circumstances. For advice specific to your situation, consult with a licensed family law attorney. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.