Can You Get Married to Someone if You’re in a Domestic Partnership With Someone Else?

Yesterday, while scrolling through FaceBook I came upon a profile devoted to answering legal questions.  Among other things I saw a post in which a person asked if they could marry one person while they were in a Registered Domestic Partnership with a different person.

The responses were generally “Yeah, you can. A Domestic Partnership with person A does not prevent one from marrying person B.”

Here’s a screen shot of the Facebook post.

FB post with WRONG INFO on Domestic Partnership

I suggest you get your legal advice some place, any place, other than social media.

Can I get married while still in a domestic partnership with someone else? No.

No, a person domiciled in California cannot legally marry another person while in an active, existing domestic partnership with someone else. California law requires that, to marry, neither party can be in an active domestic partnership or marriage with another person. The partnership must be terminated or dissolved first.

Key Details Regarding This Situation:

• Legal Requirement: A Declaration of Domestic Partnership requires that the partnership is not with someone else.
• Invalid Marriage: A marriage contracted while in an active domestic partnership with a different person is not considered valid.
• Exception: People who are in a domestic partnership with each other can later get married without first dissolving the partnership.
• Termination: If a partnership has existed for less than five years, with no children and few assets, a “termination of domestic partnership” form can be filed with the Secretary of State. Otherwise, it requires a dissolution process similar to divorce.
• Active Status: A partnership is active until officially terminated, even if the partners have separated.

To get married, the current domestic partnership must be dissolved or terminated first.

If you have questions about divorce or dometsic partnerships:

Attorney Galen Gentry has practiced family law for more than 30 years. Based in Woodland Hills, California, he has dedicated his career to protecting families across Los Angeles and surrounding counties. Contact us today to schedule your free strategy session. Let’s discuss how private mediation can save you time, money, and unnecessary stress.

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