BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2700
                                                                  Page  1

          Date of Hearing:   April 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                      AB 2700 (Ma) - As Amended:  April 5, 2010 

          Policy Committee:                              JudiciaryVote:7-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Permits parties to a registered domestic partnership who are  
            also married to each other to petition the court to dissolve  
            both their domestic partnership and their marriage in a single  
            proceeding, and requires the Judicial Council to develop a  
            form for such a proceeding.

          2)Clarifies that, in a dissolution proceeding, courts may  
            dissolve out-of-state, same-sex marriages recognized in  
            California.

           FISCAL EFFECT  

          Minor absorbable one-time costs for the Judicial Council to  
          develop the required form, and potential minor court savings  
          from consolidating dissolution proceedings.

           COMMENTS  

           Purpose  .  Many same-sex couples registered as domestic partners  
          when they had no option of marrying in California.  When  
          same-sex marriages were allowed in California, some of these  
          couples later married, and those marriages remain valid after  
          passage of Proposition 8.  As a result, some same-sex couples  
          are both married and registered domestic partners.  

          When such couples seek to dissolve their unions, under current  
          law they must terminate their domestic partnership and dissolve  
          their marriage, which requires identical court proceedings that  
          nevertheless must be accomplished in two separate proceedings.   








                                                                  AB 2700
                                                                  Page  2

          This bill allows these couples to dissolve both their marriage  
          and their domestic partnership in a single proceeding, saving  
          time and resources for both the parties and the courts.

          This bill also clarifies that same-sex couples who married out  
          of California, and who are recognized in California, pursuant to  
          SB 54 (Leno)/Chapter 625 of 2009, may dissolve their marriage in  
          California.  Some judges have suggested that the current law  
          should be made clearer to avoid any unintended misunderstandings  
          or misapplications.
           
          Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081