Important Note: Binational couples in which one member does not have permanent legal resident status in this country and anyone serving in the U.S. military should consult with an attorney with expertise in these areas of law before getting married.

If we’re already in a registered domestic partnership in California, do we have to dissolve our domestic partnership before we can marry?
No. The California domestic partnership statutes permit an individual to be both married and in a registered domestic partnership, so long as it is to the same person.

Is there any reason for couples who marry to also remain in a domestic partnership?
Yes. Being in a registered domestic partnership may protect you if you travel or move to another state that will recognize a domestic partnership but not a marriage.

Can out-of-state couples marry in California?
Yes. There is no residency requirement to marry in California.

If my partner and I are from another state and marry in California, will our marriage be valid in our home state?
If you live in another state and get married in California, you will be legally married. However, depending on where you live, your home state may not respect your marriage. Many states have passed discriminatory marriage laws, and in those states, state and local governments likely will not respect your California marriage. But even in those states, it is highly likely that at least some private businesses and other private third parties will respect your marriage – particularly those that already recognize same-sex couples through domestic partnership or a similar system. Marriage is a serious legal decision, and same-sex couples face additional challenges and questions because of continuing discrimination against married same-sex couples by the federal government and many states. We urge couples who are considering getting married in California to proceed with caution. Before getting married in California, you should educate yourselves about the law in your state and, if possible, consult an attorney about the best way to protect your relationship based on your circumstances.

Will the federal government recognize marriages of same-sex couples who marry in California?
No. Under current federal law, the federal government does not recognize marriages of same-sex couples. This means that married same-sex couples currently do not have any of the rights, benefits, or protections that federal law gives to married heterosexual couples, such as the ability to file joint federal income taxes or receive federal spousal benefits through social security or other federal programs.

Can we file lawsuits if our marriages are not respected in other states or by the federal government?
If you feel you have been discriminated against, please contact one of the LGBT legal organizations listed on this document. We can help you figure out what options you have to protect your rights. Some types of unfair treatment can be the basis of a lawsuit, and other times the unfairness may not be suitable for a court to address. Even when litigation is an option, it is not the only option. It is always necessary to weigh the chances of success or failure because bad results in lawsuits can cause set backs and hurt our entire community. We want to increase the chances of winning overall, so it is critical that we work together to have a carefully planned strategy. Together, we can win!

What do we have to do to marry in California?
First you need to get a marriage license from the office of the Registrar-Recorder/County Clerk of any California county. You can get a license application from most counties’ websites and complete it in advance, or complete it in the county clerk’s office. Both of you must go together to the county office and present a government-issued picture ID and proof that you are over 18 years old. (If either or both is younger than 18, different procedures apply.) You’ll need to pay the license fee, which varies by county but generally is less than $100. The license will be valid for 90 days and your marriage can be performed anywhere in California. Neither a blood test nor a health certificate is required. Call ahead or visit the county’s website to learn the hours and locations of the county offices that issue licenses.

Who can marry us?
In California, clergy members, active and retired judges and court commissioners, and the Commissioner and Deputy Commissioners of Civil Marriages are authorized to perform legal marriages. The Commissioner and Deputy Commissioners of Civil Marriages perform marriage ceremonies by appointment at designated county offices. There is a fee, which generally is less than $50. Call ahead or visit the county website for more information. Any couple wishing to marry can also have a friend deputized to perform their marriage ceremony through a county "Deputy Commissioner for a Day" program. If you choose this option, you will need at least two months advance notice and the person to be deputized to perform your ceremony will have to pay a fee and visit the county office in person to be sworn in. Visit the county website to see if your county has this program. If it does not, check whether a nearby county will deputize an out-of-county resident. The person who performs your ceremony must complete and sign your marriage license after the ceremony. In addition, at least one witness 18 years old or older must sign the marriage license. The license then becomes your marriage certificate, which has to be returned promptly to the county for filing.

What happens if we marry in California and then wish to divorce?
The only legal way to end a marriage is to get a divorce. In order to divorce in California, at least one of the parties to the marriage must be a resident of California for at least six months and of the county in which the divorce is filed for three months before filing a divorce petition. If you move from California to another state, or if you already live in another state, getting a divorce could be difficult. Currently, the only state other than California in which same-sex married couples have a clearly established right to divorce is Massachusetts; however, Massachusetts has a one-year residency requirement before a person can petition a Massachusetts court for a divorce. New York law appears to respect same-sex couples’ out-of-state marriages even though same-sex couples cannot yet marry in that state. So, married gay and lesbian couples should be able to petition for divorce in New York; however, New York also has a residency requirement for divorce. States with civil unions or comprehensive domestic partnerships, like Connecticut, New Hampshire, New Jersey, Oregon, and Vermont, also may allow married same-sex couples to divorce, but each of those states has a one-year residency requirement. That means that at least one spouse must be a resident of the state for a year prior to the divorce. Couples who are unable to obtain a divorce remain legally married. Therefore, being unable to divorce may cause serious legal problems and complications for same-sex couples who find themselves in this situation.