Same-Sex Divorce

Skilled Legal Representation for Same-Sex Couples

Same-sex divorce in California involves many of the same legal processes as opposite-sex divorce, but couples often face unique challenges that require experienced legal guidance. At the Law Offices of Diane J.N. Morin, Inc., we provide compassionate, knowledgeable representation for LGBTQ+ clients navigating divorce, child custody, property division, and other family law matters.

Whether you are ending a marriage, dissolving a domestic partnership, or facing complex parental rights issues, our firm offers the experience and understanding you need to protect your rights and move forward with confidence.

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Legal Recognition of Same-Sex Marriage and Divorce

The legal landscape for same-sex marriage and divorce has changed dramatically over the past two decades. California recognized same-sex marriages as early as 2008, before Proposition 8 temporarily halted them. After years of legal battles, the U.S. Supreme Court’s decision in Obergefell v. Hodges (2015) ensured marriage equality nationwide.

Today, same-sex couples in California have the same rights and obligations as any other married couple when it comes to divorce, but some issues, such as property acquired before marriage equality was recognized, can complicate the process. Our firm helps clients understand how the law applies to their specific situation.

Residency and Jurisdiction Requirements

To file for divorce in California, at least one spouse must have lived in the state for at least six months and in the county of filing for at least three months. However, couples who married in California but now live in a state that does not recognize same-sex marriage may still be able to file for divorce here. We assist clients in determining the right venue and ensuring compliance with all residency and jurisdictional rules.

Key Issues in Same-Sex Divorce

Every divorce involves important legal and financial decisions. For same-sex couples, certain issues can be especially complex. Our firm provides strategic guidance on all aspects of the process, including the following:

Division of Property and Debts

California is a community property state, meaning assets and debts acquired during the marriage are generally divided equally. However, same-sex couples often face additional hurdles, such as dividing assets acquired before marriage equality was recognized or tracing separate vs. marital property when relationships began long before legal marriage was possible.

Spousal Support

Spousal support, or alimony, can be awarded to help a lower-earning spouse maintain financial stability after divorce. The length of the relationship, including years spent together before marriage became legal, can influence the amount and duration of support. We help clients present strong cases for fair spousal support awards or defend against unreasonable claims.

Child Custody and Parenting Time

Child custody disputes can be especially challenging in same-sex divorces when only one spouse is the biological parent. California law prioritizes the child’s best interests and recognizes the rights of both legal parents, whether biological or adoptive. We help parents protect their relationships with their children and create workable custody and visitation agreements.

Child Support

Child support obligations in California are based on statewide guidelines that consider each parent’s income and the amount of time each spends with the child. We help clients understand how support is calculated and advocate for fair and accurate orders.

Unique Challenges in Same-Sex Divorce

While same-sex couples share many of the same legal concerns as opposite-sex couples, there are unique challenges to consider:

• Establishing parental rights for non-biological parents who have not legally adopted the child
• Dividing property acquired before marriage equality was recognized
• Handling out-of-state marriages or partnerships when divorce laws differ
• Addressing emotional and privacy concerns specific to the LGBTQ+ community

Our firm understands these complexities and works diligently to protect our clients’ rights.

Domestic Partnerships and Civil Unions

California continues to recognize domestic partnerships and provides a legal process for ending them, similar to divorce. Couples who registered as domestic partners before same-sex marriage became legal may face unique legal and financial issues when dissolving these relationships. We help clients navigate both divorce and domestic partnership dissolution with clarity and care.

Pre- and Post-Marital Agreements

Prenuptial and postnuptial agreements can provide important protections for same-sex couples, especially those with significant assets or business interests. Our firm drafts, reviews, and enforces these agreements to ensure they meet California’s legal requirements and protect our clients’ interests.

How the Law Offices of Diane J.N. Morin, Inc. Can Help

Our firm brings decades of experience in family law and a deep understanding of the unique issues facing LGBTQ+ couples. We are committed to providing compassionate, knowledgeable, and effective representation for clients across California. Whether through negotiation or litigation, we fight to protect your rights, your children, and your financial future.

FAQs About Same-Sex Divorce in California

Do both spouses have parental rights if only one is the biological parent?

In California, parental rights depend on legal recognition, not just biology. If the non-biological parent legally adopted the child or established parental rights through a parentage judgment, they have the same custody and visitation rights as the biological parent. If these steps were not taken, the court may look at factors like the child’s best interests and whether the non-biological parent acted as a parent during the relationship before making a determination.

How long does a same-sex divorce usually take in California?

All California divorces have a mandatory six-month waiting period, meaning a divorce cannot be finalized before that time passes. The total length depends on factors such as whether the divorce is contested, the complexity of property and custody issues, and whether alternative dispute resolution methods like mediation are used.

Can we get divorced in California if we married in another state or country?

Yes, California allows couples to divorce here if at least one spouse meets the residency requirements, even if the marriage occurred elsewhere. For couples married in another country, additional documentation may be required, but the divorce process itself follows California law.

What if we never legally married but lived together for years?

You may have legal options, especially if you share children, own property together, or registered as domestic partners. However, California does not recognize common-law marriage, so property division rights may be limited unless formal legal agreements exist.

How is property divided in a same-sex divorce?

California follows community property rules, meaning assets and debts acquired during the marriage are typically split equally. However, couples who lived together before marriage equality became legal may face additional challenges in dividing assets acquired before they were officially married.

Does the length of our relationship before marriage count when calculating spousal support?

It can, especially if the relationship was long-term and began before legal marriage was possible. Courts may consider the entire duration of the relationship when determining spousal support, not just the legal marriage period.

What happens if we have children and one parent moves to another state?

Child custody laws require the court to prioritize the child’s best interests. If a parent relocates out of state, the court may modify custody or visitation orders to reflect the new circumstances while ensuring ongoing parent-child relationships. Interstate custody disputes are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Do same-sex couples face unique challenges in custody disputes?

Yes. When only one spouse is the biological parent, disputes can arise if the other spouse has not adopted the child or obtained a parentage judgment. California law has evolved to protect children’s relationships with both parents, but early legal steps, like second-parent adoption, can help prevent future custody battles.

Can we use mediation instead of going to court?

Absolutely. Mediation and collaborative divorce are increasingly popular because they offer privacy, reduce costs, and often result in faster, less adversarial resolutions. These methods can be especially helpful for families with children or complex emotional dynamics.

What are the tax implications of same-sex divorce?

Divorce affects tax filings, deductions, and estate planning. Same-sex couples may face additional considerations if they owned property or filed taxes jointly before federal recognition of marriage equality. We work closely with financial professionals to ensure our clients understand the tax implications of divorce agreements.

Will our divorce proceedings be public?

Most divorce records are public in California. However, using private mediation or collaborative divorce can keep many personal details out of the public record. We help clients understand their options for maintaining privacy.

Do we need a prenuptial or postnuptial agreement?

While not required, these agreements can prevent disputes by clearly defining property and financial rights before or during marriage. This can be especially valuable for couples with significant assets, business interests, or children from prior relationships.

What if we registered as domestic partners before marriage became legal?

You may need to dissolve both the domestic partnership and the marriage if you entered into both. The processes can often be combined, but the legal implications differ, so it is important to consult an experienced attorney.

How do we handle retirement accounts or pensions in a same-sex divorce?

Retirement accounts and pensions earned during the marriage are typically community property and subject to division. A Qualified Domestic Relations Order (QDRO) may be needed to divide certain accounts without tax penalties.

What emotional challenges are common in same-sex divorces?

Many couples face not only the typical stresses of divorce but also concerns about discrimination, privacy, and family relationships that may not be fully supportive. Our firm approaches these cases with sensitivity and works to protect both legal rights and emotional well-being.

Contact Us for a Confidential Consultation

If you are facing a same-sex divorce in California, the Law Offices of Diane J.N. Morin, Inc. can help. Contact us today to schedule a private consultation and learn how we can protect your rights and guide you through every step of the process.