QUESTION
For same-sex marriage, do I need another marriage license?
Asked on Dec 26th, 2013 on Divorce - California
More details to this question:
My same-sex partner and I live in Utah. We were recently married in California. Now, Utah may be allowing same-sex marriages. Assuming that Utah allows same-sex marriages, do we need to get a Utah marriage license to have our union recognized in Utah?
6 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Now Utah accepts same sex marriages, it should recognize yours. Check with your local county recorder's office and ask whether you can get it enrolled there.
Answered on Dec 26th, 2013 at 10:32 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It should be recognized in Utah, but you may have to wait until all the appeals are finished on the Utah case. There are cases saying that one state's marriage should be given the same effect in another state, but I don't believe that they have gone to the U.S. Supreme Court.
Answered on Dec 26th, 2013 at 8:55 PM
No. Your marriage should be recognized in Utah without any new paperwork. It is called the Full Faith and Credit Clause of the US Constitution.
Answered on Dec 26th, 2013 at 12:23 PM
The rule for a heterosexual marriage is that if it is legal in one state, it is legal in all states. For same sex marriage, I strongly urge you to seek the advice of a knowledgeable family law attorney in Utah. It might be safest to get married again there once Utah comes into the 21st century. Good luck.
Answered on Dec 26th, 2013 at 12:22 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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No, you do *not* need to "marry again" in Utah for your same-sex marriage in which you entered in another state to recognized in Utah.
Answered on Dec 26th, 2013 at 12:22 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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No if you were married in California Utah should recognize that marriage as valid and give it full faith and credit.
Answered on Dec 26th, 2013 at 12:22 PM