Q: Can I terminate a California domestic partnership in New York?

A: I understand that ending a domestic partnership can be a complex process, especially when it involves multiple states. In your case, you are seeking to terminate a California domestic partnership while residing in New York, and your partner lives in Maryland. While the specifics of the process may vary depending on the state, it is possible to navigate this situation, but there are several important factors to consider.

California recognizes domestic partnerships as a legal status that provides many of the same rights and responsibilities as marriage, including property rights and the ability to dissolve the partnership through legal means. California allows couples to terminate their domestic partnership in a manner similar to a divorce. However, since you and your partner are no longer living in California, you need to determine whether you can legally terminate the partnership from New York or if it needs to be done through California’s court system.

In New York, courts generally have jurisdiction over individuals and their property within the state. However, in order to dissolve a domestic partnership established in California, the termination process typically must be handled according to California law. This means that, despite residing in New York, you may still need to initiate the termination of your California domestic partnership through the California court system or through the California Secretary of State, who handles the administrative dissolution of domestic partnerships. California allows couples to dissolve their partnership administratively (if they meet certain requirements) or through the court system.

Given that you and your partner have already settled all property and assets and there are no children involved, you may be able to file for an administrative dissolution with California's Secretary of State. This process does not require court involvement, but it does require both parties to consent to the dissolution and to file the necessary forms. If, for any reason, you and your partner cannot complete this administratively or prefer court involvement, you can file a petition for dissolution in California court.

Since your situation involves multiple jurisdictions, it’s crucial to ensure that all legal steps are properly taken to terminate the partnership. Consulting with an attorney licensed in California may be beneficial to ensure that the process is completed correctly, even though you reside in New York. Your attorney can guide you through the specific requirements, including whether you need to appear in California court or if you can proceed administratively from New York.

In summary, you will likely need to initiate the termination of your California domestic partnership in California, even though you reside in New York. The dissolution can be handled administratively or through the court system, depending on your circumstances and preferences. Consulting with a California-based attorney can provide clarity on the process and help ensure that the termination is legally recognized.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in California or New York.

A: This one is a bit complicated. Under California law, a domestic partnership carries with it all the benefits, privileges, and responsibilities of a marital relationship. It is as if the parties married.

New York recognizes a domestic partnership but to a far more limited extent, but a county clerk cannot accept a termination notice simply on the say-so of one of the domestic partners. Moreover, as the relationship is more of a marriage rather than a partnership, the asker may have to file for divorce in New York, and undergo a financial division of joint assets and money.