If you are in a domestic partnership in New York and wish to dissolve it, you will need to follow certain legal procedures. A domestic partnership is a legal relationship between two individuals who have chosen to live together and share their lives in a committed relationship. The dissolution of a domestic partnership involves the termination of this legal relationship. Here are the steps you need to follow to dissolve a domestic partnership in New York.
Step 1: Meet the eligibility requirements
To dissolve a domestic partnership in New York, you must meet the eligibility requirements, which include being at least 18 years of age and being in a committed relationship with your partner. You must also have lived together in New York for at least six months prior to filing for dissolution.
Step 2: File a Notice of Termination
To begin the process of dissolving your domestic partnership in New York, you will need to file a Notice of Termination with the appropriate court. You can file this notice in the county where you and your partner currently reside. This notice should include information about you and your partner, such as your names, addresses, and the date you entered into your domestic partnership.
Step 3: Serve Your Partner
After you have filed the Notice of Termination, you must serve your partner with a copy of the notice. This can be done in person, through certified mail, or by hiring a process server. Your partner will then have a certain amount of time to respond to the notice.
Step 4: Finalize the Dissolution
If your partner does not contest the dissolution, the court will issue a Judgment of Termination, which officially dissolves your domestic partnership. If your partner contests the dissolution, you will need to attend a hearing, where a judge will hear arguments from both sides before making a decision.
Step 5: Update Your Legal Documents
After your domestic partnership has been dissolved, you will need to update your legal documents to reflect this change. This includes updating your will, power of attorney, and any other legal documents that name your former partner as a beneficiary or decision-maker.
Step 6: Divide Property and Assets
If you and your partner shared property or assets during your domestic partnership, it is important to divide them fairly. New York does not recognize common law marriage, which means that property and assets acquired during a domestic partnership are not automatically subject to the same property division laws as in a divorce. However, you and your partner can come to an agreement on the division of property and assets, or the court can make a decision on how to divide them if you are unable to reach an agreement.
Step 7: Consider Custody and Visitation Rights
If you and your partner have children together, it is important to consider custody and visitation rights during the dissolution process. You can work together to create a parenting plan that outlines each parent’s rights and responsibilities, or the court can make a decision based on the best interests of the child.
Step 8: Seek Legal Assistance
Dissolving a domestic partnership can be a complex process, especially when there are issues such as property division, child custody, and support involved. It is important to seek the assistance of a qualified attorney who is knowledgeable in domestic partnership law in New York. They can help you understand your legal rights and obligations, as well as guide you through the dissolution process.
Dissolving a domestic partnership in New York involves several steps, including filing a Notice of Termination, serving your partner, attending a hearing (if necessary), updating legal documents, dividing property and assets, and considering custody and visitation rights. It is important to seek legal assistance to ensure that your rights are protected and that the dissolution process is carried out properly.
As a team, at Michael D. Schmitt, ESQ., we can assist with the dissolution of a domestic partnership in New York in several ways. Our firm can provide legal advice and answer any questions you may have about the dissolution process. We can guide you through the legal process, help you negotiate and mediate with your partner, represent you in court, and ensure that your legal rights are protected. Additionally, we can assist in filing the necessary paperwork, such as the Notice of Termination, and help you update your legal documents after the dissolution is finalized. At our firm, we strive to provide compassionate and effective legal representation to help you achieve the best possible outcome in your domestic partnership dissolution case.
We understand that dissolving a domestic partnership can be a complex and emotional process, especially when there are issues such as property division, child custody, and support involved. That’s why we take the time to listen to your concerns, answer your questions, and work with you to develop a plan that meets your specific needs and goals.
Whether you need assistance in negotiating a fair property division settlement, establishing a child custody and visitation agreement, or representing you in court, we are here to help. We have the knowledge, experience, and resources to handle all aspects of your case and provide you with the best possible outcome.
In addition to our legal services, we also offer support and guidance throughout the entire dissolution process. We understand the challenges that come with the end of a domestic partnership and are committed to helping you navigate this difficult time with compassion and empathy.
We can assist you in dissolving your domestic partnership in New York by providing legal advice, representing you in court, negotiating and mediating with your partner, and helping you update your legal documents. We are dedicated to providing you with the best possible outcome while supporting you through this challenging time.