D.C. Mun. Regs. tit. 29, r. 29-8002

Current through Register 71, No. 45, November 7, 2024

Rule 29-8002 - TERMINATION OF DOMESTIC PARTNERSHIP

8002.1

A domestic partnership registration, and all the benefits that accrue as a result of registration as domestic partners, shall terminate automatically when:

(a) Either domestic partner dies, except that the surviving domestic partner shall still be entitled to leave to attend funeral or memorial services for the deceased domestic partner and shall retain the right to control the disposition of the remains of a deceased domestic partner pursuant to D.C. Official Code § 3-413(a);

(b) The domestic partners marry one another, or either domestic partner abandons the domestic partnership or marries another person; or

(c) Either partner abandons the partners' mutual residence.

8002.2

For the purpose of § 8002.1(c) abandonment means a partner's actual permanent departure from the mutual residence. A partner does not abandon the mutual residence for the purposes of § 8002.1(c) merely by acquiring an additional residence.

8002.3

A domestic partnership may also be terminated, with or without the consent of both partners, by filing a termination of domestic partnership statement with the Registrar. If both partners consent to the termination of domestic partnership, both shall declare that the partnership is to be terminated, and both shall sign the termination of domestic partnership statement. If only one (1) person is taking action to terminate a domestic partnership, the person filing for termination of domestic partnership shall make the following declarations:

(a) That the domestic partnership is to be terminated; and

(b) That he or she has served the other person with a copy of the termination of domestic partnership statement by either of the following methods:

(1) By prepaid mail; or

(2) By personal service on the other person or a person over the age of sixteen (16) who resides with the person.

8002.4

A termination of domestic partnership statement filed pursuant to this section shall become effective six (6) months after the date the statement is filed with the Registrar. While the termination of domestic partnership is pending, all benefits shall continue to both domestic partners. While the termination of domestic partnership is pending neither partner may apply for a new certificate of domestic partnership.

8002.5

A domestic partner may withdraw a termination of domestic partnership statement by obtaining the consent of the other domestic partner on a form provided by the Registrar, provided that both continue to satisfy the requirements for maintaining a domestic partnership. Withdrawal of a termination of domestic partnership statement must be complete before the expiration of the six (6)-month waiting period required by § 8002.4 to be effective. Domestic partners who wish to reestablish a domestic partnership after the six (6)-month waiting period required by § 8002.4 shall apply as new domestic partners and meet the requirements of § 8001.

8002.6

When a domestic partnership terminates because of the death of one (1) of the partners, the surviving domestic partner shall not be required to observe a waiting period before applying for registration of a new domestic partnership.

8002.7

When a domestic partnership is to be terminated, each former domestic partner shall provide written notice to any third party that has provided benefits based on the former domestic partnership. The former domestic partner making the third party statement shall affirm under penalty of perjury that the domestic partnership is to be terminated, or that the partnership has already terminated because the partners no longer satisfy a material requirement. The third party notice shall be given within thirty (30) days before the date the domestic partnership is to be terminated. When a domestic partnership has terminated automatically the former or surviving domestic partner shall give the third party notice within thirty (30) days of the event that caused automatic termination.

D.C. Mun. Regs. tit. 29, r. 29-8002

Final Rulemaking published at 49 DCR 5419 (June 14, 2002)