I am divorcing my domestic partner and she got married before it is final. Is her marriage legal?
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I am divorcing my domestic partner and she got married before it is final. Is her marriage legal?
Hi, Cugli64!
I'm assuming that your union to your partner was legal where you were joined together.
Was it?
Also, if it was recognized as a legal union, what was the state where the union took place, please?
Thanks!
If you are in the process of disolving the partnership and it hasn't been completed then the marriage could be annulled on those grounds making it invalid. The same rules apply for divorce proceedings as the do for domestic partnerships.
Ref:
Domestic partnership in California - Wikipedia, the free encyclopedia
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Dissolution
In most cases, a domestic partnership must be dissolved through filing a court action identical to an action for dissolution of marriage. In limited circumstances, however, a filing with the Secretary of State may suffice. This procedure is available when the domestic partnership has not been in force for more than five years. The couple must also meet many other requirements that the dissolution be both simple and uncontested: no children (or current pregnancy) within the relationship, no real estate (including certain leases), and little joint property or debt. The parties must also review materials prepared by the Secretary of State, execute an agreement dividing assets and liability, and waive claims to domestic partner support. Where all the requirements are met, the partnership will terminate six months after the filing, unless either party revokes consent.
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