Lisa J. Auer represents domestic partners in dissolution proceedings. Domestic partner rights, benefits, and obligations have evolved gradually under California law since 1999. Beginning in 2005, registered domestic partners and former domestic partners have almost all the rights, benefits, and responsibilities under California law as married spouses or former spouses.
Domestic Partnership Dissolution
If you have decided upon or are contemplating dissolving your domestic partnership, Lisa will take the time to thoroughly understand your concerns and goals. Lisa will explain your rights and options so that you can make informed decisions about your future.
Under current law, the process for dissolving a domestic partnership in California is essentially the same as that for dissolving a marriage. Either partner may file a Petition for Dissolution of Domestic Partnership based on irreconcilable differences.
Lisa will work toward helping you reach a settlement through negotiation or mediation. If litigation is necessary, Lisa will represent your interests vigorously, while doing her best to make the process humane and tolerable for you and to keep costs under control.
Division of Property
As part of the dissolution process, you and your partner will need to divide your assets and debts. Lisa will work with you to determine the separate or community property character of assets and debts, the values, and the appropriate allocation between you and your partner. As the first step in this process, both parties will need to complete detailed financial disclosures regarding their income and expenses and all assets and debts, whether community or separate property.
Under California law, all money or property acquired during a domestic partnership is presumed to be community property. Upon dissolution, community property and debts are divided equally between the partners (unless the parties agree otherwise). Lisa will ensure that your rights are protected and that the property division is fair and equitable.
Experience With Complex Property Issues
Lisa can advise you regarding separate property claims and reimbursement claims, as well as other complex property issues. Upon dissolution, separate property is confirmed to the owner partner; however, the party making a separate property claim has the burden of proving the separate character of the asset. One partner may have reimbursement claims for separate property contributions to the acquisition of community property or for payments made post-separation.
Lisa has significant experience with sophisticated and complex property issues such as valuation of businesses and professional practices and division of stock options and limited partnership interests. Lisa regularly works with forensic accountants, business valuation experts, real estate professionals, and other tax and financial experts in complex cases.
Child Custody and Support Issues
Other aspects of dissolution of domestic partnership that we will address, depending on your case, include:
- Child custody, including developing a parenting plan that works for your family
- Child support , including making sure that the guideline calculations are correct and advocating for exceptions to the guideline amount when appropriate
- Partner support, including determining whether temporary support is owed and negotiating or litigating a resolution of post-judgment support
- Post-judgment modifications to child custody, child support, or partner support when circumstances change after the dissolution.
Contact Auer Family Law for a Consultation with a Domestic Partnership Lawyer
For advice regarding dissolving your domestic partnership, please contact us to schedule a consultation with a domestic partnership lawyer. You may also call the law firm at 415-772-5686.