Oakland, CA asked in Family Law for California

Q: My fiance and I are each others domestic partner in California and are looking to get married.

Do we need to dissolve our current domestic partnership to get married or apply for a marriage license?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, if you and your fiancé are registered domestic partners and wish to get married, you do not need to dissolve your domestic partnership before marrying each other. California law allows for a domestic partnership and a marriage to exist simultaneously between the same two individuals.

To proceed with the marriage, you simply need to apply for a marriage license in the county where you plan to get married. The process of obtaining a marriage license involves filling out an application, providing identification, and paying a fee. You do not need to mention or adjust your domestic partnership status during this process.

Once you are legally married, your marriage and domestic partnership will coexist. However, it's worth noting that having both a domestic partnership and a marriage with the same person doesn't grant additional legal rights or benefits beyond what the marriage itself provides.

It's always wise to be informed about the legal implications of marriage, especially when a domestic partnership is already in place. You might find it helpful to consult a legal professional for personalized advice and to ensure all legal aspects are properly addressed.

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