CA marriage and VT civil union, gay marriage rights
Seattle, WA
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Posted about 1 year ago in Marriage / Prenuptials
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Gay marriage:
As a same-sex couple living in Washington state, we'd like to travel to California to take advantage of the recent Supreme Court ruling there authorizing marriage among same-sex couples. We understand there is no California residency requirement to get married there, but there is a residency requirement to get divorced. We're clearly worried about any ensuing legal limbo this may result in if our 11-year union dissolves. Also, we did enter into a Vermont civil union a number of years ago. Vermont also has no residency requirement for the civil unions, but it does have a residency requirement for dissolving it. My questions: (1) Will the California marriage supersede the Vermont civil union? (2) Will the California marriage create any potential legal limbo greater than what we have already incurred from the Vermont civil union? Thanks for your review and thoughts on this situation!
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Answers (1)John M. Kaman
This attorney is licensed in California.
Posted about 1 year ago.
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The better practice would be to dissolve the Vermont civil union before you marry in CA. The law is new and unclear on this point. You could argue that as a partnership is not a marriage you qualify to get married in CA. But then you have two different legal schemes governing your marriage. Murky indeed.
The residency requirement for a divorce in CA is 6 months residence in the state and 3 months in the county of divorce; however a good divorce attorney can sidestep this problem. |