heterosexual marriage and registered domestic partnership

[Lexlee08 18]

Hi VJ members,

A friend of mine is in a dilemma right now. She is engaged to a divorced guy and they are planning to get married soon. Her ex-partner and her were registered domestic partners here in California. She is wondering if she and the guy can get married now while the dissolution of the domestic partnership is in process or they have to wait for the whole process to finish first? Is this considered 'bigamy"? I have been looking for information online about this and I cannot find anything specific. Her ex-partner left her and she wants to start "fresh" and want to start a new life with this guy. On the marriage license application it does not ask for previous "domestic partner divorce information" but "previous marriage divorce information" so technically if this is one of the "qualifications" to get married in California they are both eligible to get married. The guy's divorce has been finalized for awhile now. She will be consulting a family law attorney but she just wants to know any information first hand so the process will be smooth sailing. Any advice or information will be very helpful. Thanks everybody!

[slim 1,525]

I would guess if it wasn't a "legal" marriage than it doesn't really count.

I'd also guess that a "fresh start" wouldn't include marrying a divorced man. Spend a little time being single already, jeez!

[Anh map 2,098]

FWIW here is what it says on Wikipedia regarding the dissolution of registered domestic partnership in California. >> http://en.wikipedia.org/wiki/Domestic_partnership_in_California#Dissolution

Edited August 24, 2010 by Anh map

[NigeriaorBust 4,087]

If previous unions are not dissolved you can't file. They had a union and need to wait until they are free to marry.

[Lexlee08 18]

Well, she's an adult and I don't wanna judge her decisions/actions so whatever she intends to do I'm just here to support her. The guy seems nice and loving so who am I to judge him, everybody deserves a second chance, right? At any rate I guess they just have to wait and see. Well just for the sake of argument I guess this is part of the family code that is open to a wide variety of interpretations 'coz if you are "registered domestic partner" you are not married because same-sex marriage is not legal in CA and the federal government, so if I were to interpret it you can still get married because there is no part in the marriage license requirement that ask for previous dissolution of registered domestic partnership decree, it only ask for previous marriage divorce decree and or death certificate if widowed, but of course I'm only a "lay person" so I can be wrong. She will consult with a family law attorney and I will keep you guys posted on what the outcome is.