Same-sex divorce or not, ending a romantic relationship is always difficult. This becomes even more challenging if the same-sex union has multiple registrations. What do we mean by this? Take, for example, a couple that is registered as domestic partners in Nevada. They later moved to Hawaii and registered as reciprocal beneficiary partners. After a year, they decided to move to District of Columbia to tie the knot. As a result, the partnership is recognized and registered multiple times.
Different Same-Sex Registrations
There are several types of same-sex registrations and they are:
Civil unions allow same-sex couples to declare each other as reciprocal beneficiaries. This provides an equivalent of the spouse’s right to medical information, visitation, and to make decisions on each other’s behalf. Under the Defense of Marriage Act of 1996, unlike marriages, civil unions are not recognized by the federal government.
According to the National Conference of State Legislatures, a common law marriage is one which is legally recognized although the parties lack some formal requirements, as when the parties have not obtained a marriage license or have not had their marriage solemnized in a ceremony.
Pursuant to Section 297 of the California Family Code, a domestic partnership consists of “two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring”. This means that domestic partners are given the same rights and responsibilities that are provided to married individuals.
Dealing with Same-Sex Divorce with Multiple Registrations
Now that you are dealing with same-sex divorce, there are a few extra steps you need to do. This is because despite the divorce, you are still bound to your partner if you remain registered as partners. According to an article by the New York Times, all legal unions should be dissolved through the legal system whenever possible. Should your marriage remain undissolved and you live in state that recognizes same sex marriage, your former spouse could be considered as next-of-kin or legal heir who is legally entitled to make financial, medical, and other important decisions on your behalf should you become incapacitated.
The steps in dealing with same-sex divorce with multiple registrations will vary depending on the situation. Here are a few tips to get you started.
Local registrations are easier to tackle because they will have their own termination forms. Registrations with employers and cities are easy to end. Cities and counties have termination forms that you can easily obtain, fill out, and file. Most of the time, local registries don’t require both partners’ signatures on the form.
This is the general rule for same-sex divorce with multiple registrations. If you are currently living in a state where you got married but have domestic partnership registration in another state, you can ask the court to grant the divorce and also dissolve the partnership. Dissolving a marriage or a state registration is more complicated. There are instances that you can just file a termination form; however, not a lot of people qualify for that and there are states that don’t have that option.
It is also an option to first file for termination in the state where your partnership or union is first registered. Then, you can ask the court to terminate all subsequent partnerships.
If the process of dealing with same-sex divorce with multiple registrations overwhelm you, it’s time to ask for help. The specifics of your situation is best discussed with a reputable lawyer that is familiar with the process. A credible family lawyer will guide you through the process and will give the best legal advice.
Any type of divorce is not easy, and same-sex divorces – especially those with multiple registrations – are not an exception. With the right amount of information, however, your divorce with your partner can be had in a less arduous and less complicated way.