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Dear Customer, thank you for choosing Just Answer. Domestic Partnership serves as an alternative to marriage, the two are by their nature mutually exclusive (see CA Fam. Code 297: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=297-297.5). To qualify to be married, the two individuals may not already be married http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/MarriageLicenseceremonygeneralinfo.aspx, this includes the Registered Domestic Partnership legal relationship.
To best understand this, think of these relationships as state recognition or categorization of your relationship with your partner. You can be single, a registered domestic partner, or a spouse. The state cannot categorize you in multiple ways for these purposes.
That didn't really answer my question. I read in the Secretary of State website a question about how to terminate a Domestic Partnership and marriage in the same process. That would assume that they would be both DP and Married. Please respond
Yes, you would terminate the DP, then you would be married, you cannot be both at the same time.
Then how would I handle Terminating the DP and waiting 6 months to get married when this would seriously affect my partner's medical coverage if we weren't DP or married for that 6 month waiting period?
If I understand you correctly, you are working with a Social Security issue. To resolve this you need to contact your local social security office and make an arrangement for an appointment in person (it depends on the back up in your office, but plan for a couple of hours in case you need to wait). They will be able to review your Partner's case and help you with dealing with coverage during this 6 month period. If you are unable to get a resolution through the Social Security office, you will need to contact a Social Security attorney to assist you in an appeal (you can do it yourself, but an attorney will help you avoid missing deadlines and move you through the administrative process much more efficiently).
Thank you for responding, but I'm not satisfied with your responses.
What can I address to better assist you?
I don't understand why we cannot just get married to each other since we are actually "married" to each other as Domestic Partners? I did read your first response, but that doesn't really address our issue clearly.
Unfortunately, the state law allowing you to be registered domestic partners does not entitle you to federal benefits. If you are married under state law, you are entitled to federal benefits. The difference between the two is significant as to the benefits. (Please remember, I do not make these rules, they are made by Congress, I can only tell you what they are, I want to give you the rules as accurately as possible, even if they are adverse to your desired outcome so that you can plan accordingly).
If the Secretary of State says you can terminate your Domestic Partnership and Marriage in the same process, that would mean that the would have to be Married and DP at the same time . . . doesn't that make sense to you?
No, terminate means to end - that means your domestic partnership no longer exists.
I feel like I'm spinning my wheels with you. Thank you for the information you provided.
I am sorry that you feel that way. I will try again: You cannot keep your DP and be married at the same time. It is not possible under CA law.
(I truly do want to help as much as possible, and will work with you as best as I can).
I'm sorry you couldn't understand the scope of what I'm trying to accomplish. I am going to sign off now. Thank you William
Thank you so much for clarifying what William B. Esq. couldn't.
I would be happy to give you my satisfactory rating.
Since I finished the "chat" with William, my partner and I found the answers about being able to be DPs and Married at the same time. Perhaps you can enlighten William B. Esq. with how you researched this issue so he can give more accurate answers in the future.
Thanks very much and have a great day!
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