Loading...
|| ||
1 2 3 NEXT  Page 1 of 3

California Marriage Primer

Nobody ever said marriage was easy, and in the wake of the California Supreme Court’s May 15 decision to legalize marriage for same-sex couples, there arises a host of new legal questions that need answers. We went to Lambda Legal director Jon Davidson for the scoop and found out some surprising benefits (New Yorkers, you may want to book a trip out west) and pitfalls (divorce complications) related to this historic decision.


What does this mean for people who already have domestic partnerships? Are partnerships nullified, or should gay people still apply for them when they get married?
The ruling is scheduled to go into effect June 16. At that point people will be able to get married if they want, but if they’re in a registered domestic partnership in the state of California already, they’ll still be in a domestic partnership. Now, people in a domestic partnership can get married -- as long as they marry the same person they’re in the domestic partnership with! [Laughs] The domestic partnership is not converted into a marriage; it’s a separate status.

So they’d effectively be keeping that status but adding marriage?
Yes -- that’s why it might be a good idea [to have both]. For example, some states like Oregon, Vermont, and a number of others that have domestic partnerships and civil unions will not honor a marriage from another jurisdiction -- but they will respect and honor a domestic partnership from another jurisdiction. It might not be a bad idea to have a marriage and a domestic partnership if you’re traveling to one of those states.

How does this affect people who live in other states but want to marry in California?
There are no residency requirements to get married in California, so people from other states can come and get married here. The problem they may experience is that if the couple breaks up, there is a residency requirement in California to divorce. You have to live in California for six months before you can file for a divorce.

Uh-oh! How might that complicate things?
In some states that may not recognize the marriage, it may not be possible to get divorced where they live.

So they’d have to move back here to qualify for the divorce?
Correct. We’ve seen this happen in Canada. Canada has no residency requirements to marry [some jurisdictions impose a short waiting period, however], but it has a one-year residency requirement for divorce. So there are gay people living in other jurisdictions who haven’t been able to get a divorce.

Click here to follow The Advocate on Twitter. 1 2 3 NEXT  Page 1 of 3



More Online Only
  • Film Video Content Flag Awards Shows Gone Gay

    From Rob Lowe singing with Snow White to Madonna and Britney swapping spit, Adam Lambert's racy AMA performance reminded us of some of the great gay moments in awards-show history.

  • DVDs Hot Sheet: Rihanna, New Moon

    Whether you spend your time jamming to Rihanna's Chris Brown kiss-off "Russian Roulette," in theaters with those lusty male vampires- or curled up on the couch with Scarlett O'Hara, it's a packed week in entertainment.

  • Art The Kids Are All Right

    Photographer Jeffrey Kilmer has dedicated the last seven years to capturing the awkwardness, rebellion, and personal style of young men across the country and around the world. His book, 23% PURE, is a collection of hot guys, far and wide.

  • Film Teen Spirit

    While Native American cultures have long honored people of integrated genders, a new documentary looks at a shocking hate crime against a two-gendered Colorado teenager.

  • Politicians L.A. Confidential

    What's it like to be 33, gay, and one of the most powerful people in America's second-largest city? Stressful, says Matt Szabo, the new deputy chief of staff to Los Angeles mayor Antonio Villaraigosa.

  • Commentary Love Bites for Twilight's Gay Fans

     

    Gay fanpires are sure to flock to New Moon, but with questions lingering about author Stephanie Meyer and the cash she gives to the Mormon Church, Mike Albo wonders if we'd be better off tying a clove of garlic around our necks.


  • Youth Church Opens Doors for Homeless Gay Teens

    A church-turned-shelter for homeless youth in Queens, New York is a far cry from sleeping on the streets after a $200,000 renovation and a partnership with the Ali Forney Center for LGBT youth.

  • Music France's Latest Export

    He's opened for Britney and Katy Perry, kept Dita Von Teese company in the front row at Paris Fashion Week, and gets name-checked on Twitter by Lady Gaga, Miley Cyrus, and Sarah Silverman. So who the hell is Sliimy, anyway?

  • Marriage Equality Triumph in the Tar Heel State

    The loss of marriage equality in Maine was a major blow on Election Night, but down the coast in North Carolina there was an LGBT victory. Pam Spaulding talks to Chapel Hill's mayor-elect, Mark Kleinschmidt.

  • Theater Video Content Flag Puppet Masters

    When performance-art drag diva Joey Arias combines forces with master puppeteer Basil Twist, anything — no, seriously, anything — can happen.

  • News Softball With Oprah and Palin

     

    Dave White recaps as Oprah plays nice with Palin in her exclusive, personality-rehabbing interview. Topics include Katie Couric ("badgering"), Levi Johnston ("Ricky Hollywood"), and step class ("gee, it's fun").

  • News View From Washington: Frank Tells

    This week Congressman Barney Frank laid out a plan and a timetable for repealing "don't ask, don't tell..." and a reminder that he's been saying it would happen in 2010 from the beginning.

Most Popular Stories

1033/34 COVER X135 | ADVOCATE.COM