Legal Question in Family Law in California

Regarding California Registered Domestic Partnerships: may a marriage be considered terminated, and one of the parties therefore able to file as an RDP with someone else, if the divorce is not yet final but complaint has been filed and is not contested? Period of separation from the marriage has been approximately 4 1/2 years.


Asked on 10/03/11, 1:42 pm

4 Answers from Attorneys

Gary R. White Burton & White

No

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Answered on 10/03/11, 1:57 pm
Anthony Roach Law Office of Anthony A. Roach

I agre with Mr. White, the answer is no. Parties are not divorced until the judge signs a judgment decreeing the marriage dissolved and the parties returned to their original status. Filing alone and the passage of time are not enough.

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Answered on 10/03/11, 2:09 pm

The person who filed should be able to get a default judgment of dissolution fairly quickly at this point, but as the other attorneys said, until a judgment of dissolution is entered, neither person can remarry or register a domestic partnership. Just in case you don't realize it, by the way, even once divorced, neither spouse can register for a domestic partnership unless they have "swtiched sides" and are now in a same sex relationship, OR are in a heterosexual relationship and one of the partners qualifies for social security retirement benefits. Otherwise heterosexual couples cannot register a domestic partnership.

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Answered on 10/03/11, 2:15 pm

One of the other LawGuru attorneys has pointed out that part of my previous answer was confusing, so let me clarify. What I was trying to point out was that the domestic partnership legislation provides that only same-sex couples, or opposite-sex couples where one or both qualify for social security retirement benefts, can register as domestic partners. Heterosexual couples who are not of retirement age cannot register a domestic partnership. Their only legal option is marriage. So unless the new relationship is same-sex, or you or your new partner are of retirement age, you still won't be able to register your domestic partnership even once the divorce is final.

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Answered on 10/03/11, 4:18 pm


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