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If denied a domestic partnership can you marry?

Updated: 8/18/2019
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12y ago

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That depends on the reason why domestic partnership was denied. Many requirements for domestic partnership do not apply to legal marriage; for example, you must live together to register as domestic partners, but you are not required to live with your legal spouse. Some domestic partnership registries require that you be a government employee whereas there is no such requirement for marriage.

If the reason domestic partnership was not possible is related to geography, employment or residency, then these barriers will not prevent you from marrying. You may, however, need to travel to another state to marry and your home state may not recognize that marriage.

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12y ago
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Q: If denied a domestic partnership can you marry?
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Can you get married in Illinois if you already have a domestic partnership?

Generally, domestic partnership is not a bar to marriage, even if it is with someone else. However, if your domestic partnership is with a statewide registry and is substantially equivalent to marriage, then some states may recognize your domestic partnership as a marriage. If that is the case, then you must dissolve your domestic partnership before you can marry another person.


Can you marry someone else even if your domestic partnership has not been dissolved?

Generally yes. The existence of a domestic partnership is not a bar to marriage to someone else. The only exceptions are domestic partnerships formed in states such as California, where statewide domestic partnerships are substantially equivalent to marriage and are accepted as legal marriages in some jurisdictions. If your state recognizes your domestic partnership as a marriage, then you may not marry someone else until you have dissolved your domestic partnership.


Can you form a domestic partnership with a long term partner who is still legally married to someone else?

Yes. Domestic partnership does not bar you from marrying someone else. When a person marries, they no longer meet the eligibility criteria for domestic partnership and any existing domestic partnership is automatically terminated. However, it is a good idea to dissolve any existing domestic partnership prior to marrying, if possible. Also, state-registered domestic partnerships in California, Oregon and Nevada are considered substantially equal to marriage by New York state. If your domestic partnership is registered with one of those states (not a local government within the state), then you must dissolve the domestic partnership before marrying in New York.


Can a domestic partner agreement be denied in Oregon if a same-sex couple is married in California?

If you were married in California, then the state of Oregon will recognize your marriage, and you cannot register as domestic partners in Oregon. If you are registered as domestic partners in California, then the state of Oregon recognizes your domestic partnership.


Is there paperwork to be completed if you are in a domestic partnership?

In some places, you must complete an affidavit of domestic partnership and notarize it in order to register your partnership.


Is domestic partnership recognized in military as legal?

In some instances, yes. A comprehensive state-registered domestic partnership (i.e., one from California, Nevada, Washington or Oregon) will be recognized as identical to a same-sex marriage by most US states that permit same-sex couples to marry. Wisconsin's domestic partnership is not comprehensive and therefore not recognized as a marriage by any state. States that do not permit same-sex marriage do not recognize any civil union or domestic partnership as a marriage. Nevada only recognizes its own domestic partnerships, not any other state's.


Can you get married if you already have a domestic partnership?

If you want to marry your existing domestic partner, then you may do so. If you are a same-sex couple, however, you will have to marry in a state that permits same-sex marriage. If your existing domestic partnership ("DP") is a state-registered comprehensive domestic partnership, then you cannot marry in a state that offers state-registered comprehensive DPs. You also cannot marry in a state that permits same-sex marriage, since these recognize your DP as an existing marriage. If your existing DP was state-registered in Wisconsin, then it does not prevent you from marrying in another state. If you are a same-sex couple, however, you will have to marry in a state that permits same-sex marriage. If your existing DP is a municipal- or county-registered DP, then it does not prevent you from marrying someone else. If you are a same-sex couple, however, you will have to marry in a state that permits same-sex marriage.


Can you get a domestic partnership with someone who is already married?

No. Rules vary, but domestic partnership is universally limited to unmarried persons.


What is a domestic partnership registry?

A domestic partnership registry is usually a registry of contracts or agreements between two people that offers some of the rights and responsibilities of marriage. What constitutes a domestic partnership varies by jurisdiction.


Can you file for citizenship in the state of California after filing for civil partnership?

No. First of all, you cannot file for civil partnership in California. You can register a domestic partnership or legally marry a same-sex partner in California. The US federal government does not currently recognize domestic partnerships or civil unions for the purposes of immigration and naturalization. Same-sex marriages are, however, recognized.


Do you need to renew your domestic partnership?

No. Domestic Partnerships do not expire.


Can you get married to the opposite sex if you have a same-sex domestic partnership in a different state?

You should check with the state attorney, they all differs, before you commit an illegal act. Usually a person can enter into a domestic partnership if he/she is not married to someone else, it is probably the same vice-versa. Alternate Answer: This is a gray area of the law. However, the general consensus is that domestic partnership with another person is not a bar to marriage. When applying for a marriage license, you will NOT be asked if you have an existing domestic partnership. You will only be asked if you have been previously married. Once you marry, you are no longer eligible for domestic partnership and your pre-existing DP would be void. It is wiser, however, to follow the required procedure for dissolution of domestic partnerships prior to marrying. Usually, dissolving a DP is a fairly easy procedure. States that permit same-sex partnerships do not generally recognize domestic partnerships. For example, when same-sex marriage became legal in Massachusetts, all of the domestic partnership registries of local municipalities became void and parties to a DP were required to marry if they wanted benefits based upon their relationships.