Family Law Blog

Can You Marry While a in a Domestic Partnership?

Monday, May 14, 2018

Often when choosing to solidify a relationship in the eyes of the law, people either choose a domestic partnership or marriage. While domestic partnership allows many of the same benefits as marriage, couples are not entitled to every benefit that comes with being married. While domestic partnerships are open to everyone, not just specifically to same-sex couples, many same-sex couples took advantage of what benefits they could get before marriage equality went through. Now that same-sex marriage is federally recognized, many same-sex domestic partners are wondering the same thing - can we get married without dissolving our partnership?

The simple answer is yes. If you are in a domestic partnership, even if from another state, you can now marry without first having to dissolve the partnership. It's kind of like upgrading to the full package if you choose to do so. However, this of course means you need to marry the person you are in a domestic partnership with. If you were a domestic partner with someone else, you will still need to dissolve that relationship before you can marry another. This is essentially much like a traditional divorce in process, although many find it much easier.

Once you have made the decision to marry, even if you are already in a domestic partnership, the process is still much like if you are still in no legally-binding relationship. You must apply for a marriage license at the County Clerk's Office and have it officiated within the time limit.

Thinking of Ending a Domestic Partnership?

While marrying in a domestic partnership is easy, not every domestic partnership ends in elevating the relationship further. In fact, sometimes these relationships end divorce. Unfortunately, just because you are in a domestic partnership doesn't mean dissolving it is going to necessarily be easier than a divorce from a marriage. If you are looking to dissolve a domestic partnership and need help, contact us today.