§ 26.60.055. Termination
(1) Notwithstanding this chapter, a domestic partnership may be terminated without filing a petition for dissolution in superior court, provided that all of the following conditions exist at the time of the filing of the notice of termination:
(a) The notice of termination of state registered domestic partnership is signed by both registered domestic partners.
(b) Neither party has children under the age of eighteen, whether born or adopted before or after registration of the domestic partnership, and neither of the registered domestic partners, to their knowledge, is pregnant.
(c) The state registered domestic partnership is not more than five years in duration.
(d) Neither party has any ownership interest in real property wherever situated, and neither party leases a residence, with the exception of the lease of a residence occupied by either party which satisfies the following requirements:
(i) The lease does not include an option to purchase; and
(ii) The lease terminates within one year from the date of filing the notice of termination of state registered domestic partnership.
(e) There are no unpaid obligations in excess of four thousand dollars, as adjusted by subsection (3) of this section, 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.
(f) The total fair market value of community property assets, net of any encumbrances, including any deferred compensation or retirement plan, is less than twenty-five thousand dollars, as adjusted by subsection (3) of this section, and neither party has separate property assets, net of any encumbrances, in excess of that amount.
(g) 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.
(h) The parties waive any rights to maintenance by the other domestic partner.
(i) Both parties desire that the domestic partnership be terminated.
(2) The termination of a domestic partnership pursuant to this section 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 state registered domestic partnership and declare the termination of the domestic partnership null and void upon proof that the parties did not meet the requirements of this section at the time of the filing of the notice of termination of state registered domestic partnership with the secretary of state.
(3) On January 1, 2009, and on each January 1st of each odd-numbered year thereafter, the amounts in subsection (1)(e) and (f) of this section shall be adjusted to reflect any change in the value of the dollar. The adjustments shall be made by multiplying the base amounts by the percentage change in the Washington state consumer price index, with the result rounded to the nearest thousand dollars. The administrative office of the courts shall compute and publish the amounts.
[2008 c 6 § 1001.]
Sections: Previous 26.60.010 26.60.020 26.60.025 26.60.030 26.60.040 26.60.050 26.60.055 26.60.060 26.60.070 26.60.080 26.60.090 26.60.900 26.60.901 NextLast modified: April 7, 2009