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Is there any waiting period required between ending a domestic partnership and beginning a new one?

San Francisco, CA |

I am in the process of ending a 10 year domestic partnership and would like to begin a new one as soon as possible.

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Posted

You don't indicate whether or not this is a registered domestic partnership, and you don't indicate if there are any questions about children or jointly owned property. It sounds like this is a registered domestic partnership, in which case you need to proceed in the same manner as a married couple getting a divorce. There are waiting periods with which you must comply and many other requirements. If this is not a registered domestic partnership, and there are questions about children of the relationship or jointly owned property, you should consult with a lawyer familiar with the special requirements of domestic partnerships. You can consult with a lawyer about your question for little or no cost through a lawyer referral service in your area. You can find your nearest lawyer referral service by clicking on the link below.

If you found this response helpful, please let me know by clicking the "Mark as Helpful" button at the bottom of this response. Thank you. Mr. Richardson practices in San Mateo and Santa Clara Counties, and concentrates in non-adversarial dispute resolution as a mediator and collaborative lawyer. The California State Bar Board of Legal Specialization certifies Mr. Richardson as a specialist in California Family Law. He offers no comments or advice with respect to the laws of any state or jurisdiction other than California. The above answer is a general explanation of legal rights and procedures. Mr. Richardson is not your lawyer unless and until you and he have personally met together. This post does not constitute legal advice, and no lawyer client relationship results.

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Posted

The only waiting period I am aware of that would be applicable in your case is the 6 month waiting period between the date that the Respondent is first served with process or appears in the case and the first date that a Court can grant a judgment dissolving the domestic partnership.

You should consult with an experienced local family law attorney to determine the feasibility of completing the dissolution of your domestic partnership within this time frame. It is often difficult to resolve a matter within the minimum time period, particularly when there is any level of complexity. Domestic partnership dissolutions can have an inherent level of complexity due to the conflicts between state and federal law with regard to the treatment of same-sex couples.

Any substantive or procedural information contained in this response is for informational purposes only. The provision of this information does not constitute legal advice nor does it create an attorney-client relationship. To obtain legal advice relevant to your situation you should contact a local family law attorney. The Law Office of Matthew J. Rudy is happy to provide a free one-hour consultation to individuals located in the greater San Francisco Bay Area.

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