The First District’s Putative Spouse Doctine

Putative Spouse Doctine

The First District’s Putative Spouse Doctine

Velez v. Smith is an appellate case that addressed whether the doctrine of putative spouse applies to domestic partnerships.

The parties filed a declaration of domestic partnership with the County of San Francisco in 1994. In 1996 they registered with the County a second time. In November 2004, one partner filed a Notice for Ending a Domestic Partnership with the County. A month later, the other partner filed a petition to dissolve the domestic partnership.

The family court dismissed the petition to dissolve the domestic partnership before hearing any testimony in the matter. The partner who filed the petitioner, appealed the order to dismiss the action.

The First District Court of Appeal affirmed the order to dismiss the petition for dissolution of the domestic partnership. It held that the trial court’s dismissal of the action without an evidentiary hearing was valid and that the putative spouse doctrine did not apply to domestic partnerships.

If you need legal advice and are looking for a family law lawyer in Orange County to address a domestic partnership or any other divorce matter such as legal separation, annulment, custody, child custody, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not address other factors which may play a significant role in a particular dissolution. Circumstances in your divorce may alter the results in your dissolution.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.

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