Q. What is the current status of same-sex marriages in California?
A. As a result of the U.S. Supreme Court’s ruling in Hollingsworth v. Perry, same-sex couples in California are again free to marry. The Supreme Court’s decision resulted in the overturning of California’s Proposition 8.
Q. What is the current status of domestic partnerships in California?
A. If you are already in a domestic partnership, it will not automatically become a marriage. You must go through the formal legal steps required for any couple to marry, though you are also free to remain solely domestic partners if you do not wish to marry. Domestic Partners have the same rights as married partners from the date of filing for the couples Domestic Partnership.
Q. What about same-sex couples married before Proposition 8 or outside of California?
A. Those same-sex couples who married in California between June 16, 2008 and November 5, 2008 (after the Strauss v. Horton decision but before the passage of Proposition 8), do not need to remarry. Their marriages are recognized by California. Additionally, if you were married in another jurisdiction, California will recognize that marriage as valid.
Q. What is the divorce process for same-sex marriages or domestic partnerships?
A. The divorce process in California is the same for all couples, whether same-sex or opposite-sex. If you are in a same-sex marriage or domestic partnership and are considering dissolution the process and rights are the same as divorce for married persons.