Legal Question in Family Law in California

I am a gay American citizen living in San Jose, California. Two years ago, while vacationing in British Columbia, my boyfriend--also an American citizen living here in California--wanted us to go through a marriage ceremony as a way to make the occasion "special and memorable." California and most of the United States do not recognize same-sex marriage as legitimate. This alone does not pose much of a problem but I am no longer in that relationship and am currently involved in a committed relationship with someone who happens to be Canadian.
Canadian divorce law stipulates that at least one spouse of a married union must have lived in a Canadian province for a year for the court to have jurisdiction for divorce proceedings. Given that neither my ex nor I are Canadian citizens, how do I go about getting this Canadian marriage completely eradicated?

Asked on 8/19/09, 12:29 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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Good question! I'm not a family lawyer. It would seem to me that you should be able to seek a divorce in California. California courts already do "divorces" for registered domestic partners and those who were married during the window of opportunity for marriage. Maybe family law practitioners will jump in and add their 2 cents, too.

Answered on 8/20/09, 4:19 pm

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