Domestic partnership in Texas
Domestic partnership is a legal relationship between two individuals who live together and share a domestic life, but are not married. In Texas, domestic partnership is recognized for same-gender couples, family members, and other unrelated couples who meet the eligibility requirements. A domestic partnership provides certain legal rights and responsibilities to the partners, such as the ability to make medical decisions for one another and the right to inherit property.
Eligibility for domestic partnership
To be eligible for domestic partnership in Texas, the partners must be at least 18 years old and must not be related by blood or marriage. Additionally, they must not be currently married or in a domestic partnership with someone else. Both partners must also agree to enter into the domestic partnership and must sign a declaration of domestic partnership form, which must be filed with the county clerk’s office.
Grounds for termination
Domestic partnerships in Texas can be terminated for various reasons, including irreconcilable differences, abandonment, cruelty, adultery, or imprisonment of a partner. However, unlike divorce, there is no mandatory waiting period before filing for termination of a domestic partnership in Texas.
Filing a petition for termination
To begin the process of terminating a domestic partnership in Texas, one partner must file a petition for termination with the court. The petition must include information about the grounds for termination and the desired outcome, such as the division of assets and debts, child custody and support arrangements, and spousal support or maintenance.
Serving the petition on the partner
After filing the petition, the partner must serve a copy of the petition on the other partner. This can be done through personal service or by certified mail. The other partner then has a certain amount of time to respond to the petition.
Responding to the petition
The other partner may choose to file a response to the petition, which can include their own requests for division of assets, child custody, and spousal support. If the partners are unable to reach an agreement, the case may go to court.
Mediation: An alternative to court proceedings
Before going to court, the partners may choose to participate in mediation, which is a process in which a neutral third party helps them reach an agreement. Mediation can be a more cost-effective and less adversarial alternative to court proceedings.
Division of assets and debts
If the partners are unable to reach an agreement on the division of assets and debts, the court will make a determination based on the factors outlined in Texas law. These factors may include the length of the partnership, each partner’s financial situation, and any prenuptial or postnuptial agreements.
Child custody and support arrangements
If the partners have children together, the court will determine child custody and support arrangements based on the best interests of the child. These arrangements may include a parenting plan, visitation schedule, and child support payments.
Spousal support or maintenance
In some cases, one partner may be entitled to spousal support or maintenance after the termination of the domestic partnership. The court will consider factors such as the length of the partnership, each partner’s financial situation, and the ability of the requesting partner to support themselves.
Finalizing the termination
Once the court has made a determination on all of the issues related to the termination of the domestic partnership, the partners will receive a final decree of termination. This decree will outline all of the terms of the termination, including child custody and support arrangements, division of assets and debts, and spousal support or maintenance.
Conclusion: The importance of legal assistance
Terminating a domestic partnership in Texas can be a complex process, and it is important to seek the guidance of a qualified attorney throughout the process. An attorney can help ensure that your rights are protected and that the final outcome is fair and equitable. With proper legal assistance, you can navigate the process of terminating your domestic partnership with confidence.
