Chris and Taylor lived together for ten years before they registered as a domestic partnership in California. Three years later, they married in a formal wedding ceremony surrounded by friends and family in Massachusetts. When their relationship fell apart two years later, they learned that they didn’t know as much about the legal aspects of same-sex marriage as they had thought.
You can be married and registered domestic partners.
Chris and Taylor registered as domestic partners before same-sex marriage became legal. Their status gave them some important benefits and rights.
In 2015, the Supreme Court handed down its landmark decision in Obergefell v. Hodges. States were now required to recognize same-sex marriages validly made in another state. This opened the door for many same-sex couples – including Chris and Taylor – to join the ranks of opposite-sex married couples. Being legally married can be especially helpful because not all states recognize registered domestic partnerships.
Years spent living together before marriage may not count.
In California, marriages over ten years are often given special treatment. For example, awards of spousal support may be more liberal.
In some states, a couple who live together for a certain number of years is considered a married couple. California does not recognize most common-law marriages. If a couple lives together long enough to be considered a common-law couple in another state, California may recognize their time together if the couple divorce in California.
For example, the ten years Chris and Taylor lived together before registering their domestic partnership may be ignored when they divorce. In the eyes of the law, the couple’s marriage only lasted for two years.
This type of situation is incredibly complicated. Discuss your situation with an experienced divorce attorney as soon as possible.
You may divorce in California if married in California
A couple that legally entered into a same-sex marriage in California can now file for divorce no matter where they live at the time of the divorce. Here’s where Obergefell v. Hodges affects same-sex marriage and same-sex divorce. Since states are now required to recognize lawful same-sex marriages made in another state, they must also allow same-sex partners to divorce.
Same-Sex Marriage Issues Are Complicated
The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce proceedings, including same-sex divorces and dissolution of domestic partnerships. Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.