How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34180
Experience:  Retired (mostly)
10097515
Type Your Legal Question Here...
socrateaser is online now
A new question is answered every 9 seconds

My partner and I are domestic registered partners in the state

Resolved Question:

My partner and I are domestic registered partners in the state of Washington. We will be moving to California in one month. We are considering getting married in the state of Washington first (same sex marriage is now legal here). We would like to know:
1. does CA acknowledge same sex domestic partnerships transferring in from other states?
2. does CA register same sex domestic partnerships now, with quasi-married legal status?
3. does CA acknowledge same sex marriages transferring in from other states?
4. if the Supreme Court rules on overturning Prop 8, when can same sex marriages resume?
Submitted: 1 year ago via USmarriagelaws.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello. You asked:

1. does CA acknowledge same sex domestic partnerships transferring in from other states?

A: Compliance with the California Domestic Partnership Act (DPA) provisions for formation of a valid domestic partnership is mandatory for persons seeking to obtain legal recognition of their domestic partnership union and receive the benefits afforded by the DPA in California. Velez v. Smith (2006) 142 CA4th 1154, 1169. However, for purposes of the dissolution of a sister-state domestic partnership, an equivalent domestic partnership established in another jurisdiction, may be terminated or altered under California law through superior court proceedings for dissolution, nullity or legal separation. Family Code 299(d).

2. does CA register same sex domestic partnerships now, with quasi-married legal status?

A: Yes. Family Code 297.5, provides "(a) Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses."

3. does CA acknowledge same sex marriages transferring in from other states?

A: Yes, with the singular exception of the statistical designation of "marriage." Family Code 308(c) provides: "Notwithstanding any other provision of law, two persons of the same sex who contracted a marriage on or after November 5, 2008, that would be valid by the laws of the jurisdiction in which the marriage was contracted shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from the California Constitution, the United States Constitution, statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses with the sole exception of the designation of 'marriage.'"

4. if the Supreme Court rules on overturning Prop 8, when can same sex marriages resume?


A: No one knows the answer to this question. The U.S. Supreme Court, the Ninth Circuit Court of Appeals, the California Supreme Court, the Governor of California, and probably the state legislature would all probably weigh in, and it would be a sea of storms. Though if historical precedent is any guide, the San Francisco county clerk would probably start issuing marriage licenses immediately. Seriously, San Francisco sometimes seems to operate as if it were a separate nation -- so, I wouldn't be surprised if the administrative supervisor has already has issued a directive to immediately commence same-sex marriage license issuance as soon as the High Court ruling comes down (assuming that the ruling does favor same-sex marriage).

Hope this helps.
Customer: replied 1 year ago.

Thanks much for the prompt reply!


 


In sum, this is my take. We have the most secure legal relationship by marrying in Washington State, which will be fully recognized by California, with the exception that we can't call it a marriage. Presumably at such time that CA does legalize same sex marriage, we can officially call ours a marriage even though it was performed in WA. Do you concur?

Expert:  socrateaser replied 1 year ago.
I agree entirely!

Mazeltov.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34180
Experience: Retired (mostly)
socrateaser and 11 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions