This is an interesting question. This is not an issue or a fact pattern that happens particularly often. Technically you're still quasi married. There might be no problem if you were to marry before the termination is complete. It's possible you could get it completed pro tunc-- backdated.
but it could also come back to haunt you in several very big ways. I would see if there is anyway I could talk to the cork and ask if the termination can be entered nunc pro tunc. If not, it really is not safe to get married until you finished the previous partnership
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I agree, this is a very interesting dilemma. My take is a little different, although admittedly, I really don't know the answer to this question. My thought is however, that "domestic partnership" is not legal marriage and therefore it wouldn't be as if you were getting married while already married, right? If domestic partnerships were the same as being legally married, we'd never have gone through the war over Prop. 8 here in California, or over/through the hurdles of passing same sex marriage laws here in California and across the country.
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I believe that you should get the termination of RDP prior to getting married. Think about it in the terms of rights and obligations imposed by the RDP that will be in conflict with the rights and obligations gained and imposed by the subsequent marriage.
I do not believe that there is any case law out there to definitely answer your question, but you may be opening the door for your future spouse to file for annulment of marriage based on the existing RDP at the time of marriage.
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