BILL NUMBER: AB 2700 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Ma
FEBRUARY 19, 2010
An act to amend Section 299 Sections 299
and 2010 of the Family Code, relating to domestic partner
registration.
LEGISLATIVE COUNSEL'S DIGEST
AB 2700, as amended, Ma. Domestic partner registration:
termination.
Existing
(1) Existing law provides that
the superior courts have jurisdiction over all proceedings relating
to the dissolution of domestic partnerships, nullity of domestic
partnerships, and legal separation of partners in a domestic
partnership. Existing law provides that the dissolution of a domestic
partnership, nullity of a domestic partnership, and legal separation
of partners in a domestic partnership follow the same procedures,
and the partners possess the same rights, protections, and benefits,
and be subject to the same responsibilities, obligations, and duties,
as apply to the dissolution of marriage, nullity of marriage, and
legal separation of spouses in a marriage, respectively, except as
specified.
This bill would authorize parties to a registered domestic
partnership who are also married to one another to petition the court
to dissolve both their domestic partnership status and their
marriage status in a single proceeding, in a form prescribed by the
Judicial Council. The bill would also require the Judicial Council to
prescribe the specified form.
(2) Existing law provides that, in a proceeding for dissolution of
marriage, for nullity of marriage, or for legal separation of the
parties, the court has jurisdiction to inquire into and render any
judgment and make orders that are appropriate concerning, among other
things, the status of the marriage.
Existing law provides that two persons of the same sex who
contracted a marriage on or after November 5, 2008, that would be
valid by the laws of the jurisdiction in which the marriage was
contracted have the same rights and responsibilities as are granted
to or imposed upon spouses with the sole exception of the designation
of "marriage".
This bill would specify that the court's jurisdiction concerning
the status of a marriage includes those out-of-state same-sex
marriages contracted on or after November 5, 2008.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 299 of the Family Code is amended to read:
299. (a) A registered domestic partnership may be terminated
without filing a proceeding for dissolution of domestic partnership
by the filing of a Notice of Termination of Domestic Partnership with
the Secretary of State pursuant to this section, provided that all
of the following conditions exist at the time of the filing:
(1) The Notice of Termination of Domestic Partnership is signed by
both registered domestic partners.
(2) There are no children of the relationship of the parties born
before or after registration of the domestic partnership or adopted
by the parties after registration of the domestic partnership, and
neither of the registered domestic partners, to their knowledge, is
pregnant.
(3) The registered domestic partnership is not more than five
years in duration.
(4) Neither party has any interest in real property wherever
situated, with the exception of the lease of a residence occupied by
either party which satisfies the following requirements:
(A) The lease does not include an option to purchase.
(B) The lease terminates within one year from the date of filing
of the Notice of Termination of Domestic Partnership.
(5) There are no unpaid obligations in excess of the amount
described in paragraph (6) of subdivision (a) of Section 2400, as
adjusted by subdivision (b) of Section 2400, incurred by either or
both of the parties after registration of the domestic partnership,
excluding the amount of any unpaid obligation with respect to an
automobile.
(6) The total fair market value of community property assets,
excluding all encumbrances and automobiles, including any deferred
compensation or retirement plan, is less than the amount described in
paragraph (7) of subdivision (a) of Section 2400, as adjusted by
subdivision (b) of Section 2400, and neither party has separate
property assets, excluding all encumbrances and automobiles, in
excess of that amount.
(7) The parties have executed an agreement setting forth the
division of assets and the assumption of liabilities of the community
property, and have executed any documents, title certificates, bills
of sale, or other evidence of transfer necessary to effectuate the
agreement.
(8) The parties waive any rights to support by the other domestic
partner.
(9) The parties have read and understand a brochure prepared by
the Secretary of State describing the requirements, nature, and
effect of terminating a domestic partnership.
(10) Both parties desire that the domestic partnership be
terminated.
(b) The registered domestic partnership shall be terminated
effective six months after the date of filing of the Notice of
Termination of Domestic Partnership with the Secretary of State
pursuant to this section, provided that neither party has, before
that date, filed with the Secretary of State a notice of revocation
of the termination of domestic partnership, in the form and content
as shall be prescribed by the Secretary of State, and sent to the
other party a copy of the notice of revocation by first-class mail,
postage prepaid, at the other party's last known address. The effect
of termination of a domestic partnership pursuant to this section
shall be the same as, and shall be treated for all purposes as, the
entry of a judgment of dissolution of a domestic partnership.
(c) The termination of a domestic partnership pursuant to
subdivision (b) does not prejudice nor bar the rights of either of
the parties to institute an action in the superior court to set aside
the termination for fraud, duress, mistake, or any other ground
recognized at law or in equity. A court may set aside the termination
of domestic partnership and declare the termination of the domestic
partnership null and void upon proof that the parties did not meet
the requirements of subdivision (a) at the time of the filing of the
Notice of Termination of Domestic Partnership with the Secretary of
State.
(d) The superior courts shall have jurisdiction over all
proceedings relating to the dissolution of domestic partnerships,
nullity of domestic partnerships, and legal separation of partners in
a domestic partnership. The dissolution of a domestic partnership,
nullity of a domestic partnership, and legal separation of partners
in a domestic partnership shall follow the same procedures, and the
partners shall possess the same rights, protections, and benefits,
and be subject to the same responsibilities, obligations, and duties,
as apply to the dissolution of marriage, nullity of marriage, and
legal separation of spouses in a marriage, respectively, except as
provided in subdivision (a), and except that, in accordance with the
consent acknowledged by domestic partners in the Declaration of
Domestic Partnership form, proceedings for dissolution, nullity, or
legal separation of a domestic partnership registered in this state
may be filed in the superior courts of this state even if neither
domestic partner is a resident of, or maintains a domicile in, the
state at the time the proceedings are filed.
(e) Parties to a registered domestic partnership who are also
married to one another may petition the court to dissolve both their
domestic partnership status and their marriage
status in a single proceeding, in a form that
shall be prescribed by the Judicial Council.
SEC. 2. Section 2010 of the Family Code
is amended to read:
2010. In a proceeding for dissolution of marriage, for nullity of
marriage, or for legal separation of the parties, the court has
jurisdiction to inquire into and render any judgment and make orders
that are appropriate concerning the following:
(a) The status of the marriage , including any marriage under
subdivision (c) of Section 308 .
(b) The custody of minor children of the marriage.
(c) The support of children for whom support may be ordered,
including children born after the filing of the initial petition or
the final decree of dissolution.
(d) The support of either party.
(e) The settlement of the property rights of the parties.
(f) The award of attorney's fees and costs.