Termination of Domestic Partnership

Termination of Domestic Partnership: Before I discuss how to end a relationship, if it was a samesex marriage, it's important to discuss what rights you DID have when you were still together as domestic partners. Unfortunately, every state is different in how they handle domestic partnerships and civil rights, and in how they separate or end the relationship.

What documents do you have in place already? The documents you've already signed will tell you what will happen should you terminate your relationship.

You can process your termination, wills, living wills all with RocketLawyer at: FREE trial membership and FREE 1st document with RocketLawyer.com

  • Do you own property together or have an inheritance?
  • Have you signed wills or living wills?
  • Healthcare power of attorney?
  • Insurance and health care?
  • What about Debt?
  • Children?

Divorce and a Samesex Marriage or a Gay Marriage: these terms usually don't go together: Termination of domestic partnership or a nullification are the typical terms used!

Termination is similar to a divorce. A domestic partner may file a complaint for termination, and the proceedings are similar to divorce proceedings.

Nullification is when the relationship between the two domestic partners has been found to be "not established,"as in "annulment". Sometimes the parties separate without ever filing any paperwork, even if they had registered their union. In some states it may be necessary to complete the nullification, and/or a notice of correction.

Property Division: Note, these terms are general terms for all couples, not specifically domestic partners.

If the couple had joint tenancy, this means that they signed paperwork that states that each would share the property equally, and this would automatically leave the property to the other in the event of death. The couple may hold a property in "tenancy by the entirety", and have rights of survivorship, but it could be held in a percentage other than 50-50. This could be beneficial to couples who are having financial difficulties, as creditors may not take the property from the surviving partner.

If the domestic partnership holds property division paperwork, this is what should hold up in court. If the gay couple does not hold any paperwork, then one could ask the other for property through the courts, where a domestic partnership is recognized. I am checking on this--please be patient while I gather relevant information for you!

Termination of Domestic Partnership and Children, Child Support, and Custody
Acknowledged parents generally have obligations to provide for their children, therefore, samesex couples will also have rights, responsibilities, and obligations to their children. The Our Family Wizard software is helping families like yours to promote a smoother transition into the new custody arrangements. You can try out the Our Family Wizard now to help your children adjust to the new family schedule.

Your termination of domestic partnership will follow the same basic steps and procedures as a typical divorce. Always ask for legal help from qualified attorneys though! Using Legal Match can help a lot with finding lawyers with specialities, such as the termination of domestic partnerships.

Real-Divorce Recommends:

Return from Termination of Domestic Partnership to Divorce Paperwork

I've always found that the best way to educate myself is to buy a book! This one seems like the best starting place for anyone who is serious about a relationship or ending one. You may also access lots of other DIY books on the NOLO website here:

Making it Legal discusses the many legal consequences for your choices, and is an extremely helpful resource. A Legal Guide for Lesbian & Gay Couples

Other Real-Divorce Articles you may find helpful:

Online Divorce Reviews
Find My State Divorce Directory and Resources
Divorce Articles


Disclaimer: The information on this site is for educational purposes only. It is not legal advice and may not apply to your situation. I take the time to gather the best information to those going through divorce, and offer a place for readers to learn, get support and fantastic resources, and find applicable products that are a good fit for them. You can support this site by purchasing high quality products or services from the sponsors I link to.

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