Same Sex Divorce Laws in California
California has recognized same-sex marriage since 2013, when the Supreme Court struck down Proposition 8, which had banned same-sex marriage in the state. As a result, same-sex couples in California have the same rights and responsibilities as opposite-sex couples when it comes to divorce.
The divorce process for same-sex couples in California is the same as for opposite-sex couples. Either party can file for divorce by completing and submitting a Petition for Dissolution of Marriage to the court. The petition must include information about the couple’s assets, debts, and any children they have. The other party must then be served with the petition and given an opportunity to respond.
California is a “no-fault” divorce state, which means that a divorce can be granted without either party having to prove that the other did something wrong. Instead, the court will grant a divorce if it finds that the marriage has been irretrievably broken.
Same-sex couples who are divorcing in California will need to divide their property and debts, just like opposite-sex couples. California is a community property state, which means that property and debts acquired during the marriage are generally divided equally between the spouses. However, there are exceptions and nuances to this rule. Additionally, same-sex couples who have children will need to work out custody and visitation arrangements, just like opposite-sex couples. California law requires courts to make decisions about custody and visitation based on the best interests of the child.
Types of Divorce Offered in California
As a same-sex couple living in San Diego, California, you have the same divorce options available to you as any other couple. Each divorce option has their pros and cons so it is important to understand each option and choose the option that makes the most sense for your situation.
- Uncontested Divorce — An uncontested divorce is when both spouses agree on all of the terms of the divorce, including property division, child custody, and support. This type of divorce is typically less expensive and quicker than a contested divorce.
- Contested Divorce / Litigation — A contested divorce is when the spouses cannot agree on the terms of the divorce and must go to court to have a judge decide the issues. This type of divorce can be more time-consuming and expensive than an uncontested divorce.
- Mediation — Mediation is a process where a neutral third party, known as a mediator, helps the spouses negotiate and reach an agreement on the terms of the divorce. Mediation can be less adversarial than a contested divorce and can help the parties maintain control over the outcome.
- Attorney-to-Attorney Negotiation — A divorce involving attorney-to-attorney negotiation is when the spouses and their attorneys agree to work together outside of court to reach a settlement. This process can be more amicable and can help the parties maintain a cooperative relationship after the divorce.
- Collaborative Divorce — A Collaborative divorce is a voluntary dispute resolution process in which parties settle without resort to litigation and work collaboratively with an interdisciplinary team of professionals toward a cooperative resolution of all issues.
- Legal Separation — A legal separation is when the spouses live separately, go through the same legal process as a divorce, but remain legally married at the end. This option can be chosen for religious, financial or other personal reasons, and can be converted into a divorce later on. Obtaining child custody and visitation, support, and property orders can be part of the legal separation process.
- Summary Dissolution — A summary dissolution is a simplified divorce process available to couples who meet specific eligibility requirements, such as having been married for less than 5 years and not having children together. This option can be faster and less expensive than a regular divorce, but not all couples qualify for it.
Same-Sex Couples Married in Different States
Same-sex couples who were married in states outside of California but now live in California and want to get a divorce can do so under California law. California recognizes same-sex marriages that were legally performed in other states, as well as marriages that were performed in foreign countries where same-sex marriage is legal. To get a divorce in California, the couple must meet the residency requirements. Either spouse must have lived in California for at least six months before filing for divorce, and they must file their divorce petition in the county where they currently reside.
If you are a same-sex couple who was married in another state and wants to get a divorce in California, it’s a good idea to consult with an experienced family law attorney who can advise you on the legal issues that may arise and help you navigate the divorce process.
Hiring an Attorney that Specialize in Same-Sex Divorces in San Diego
Regardless of where you were married, if you are considering a divorce it is crucial to hire an attorney that is experienced in handling same-sex divorces in San Diego. Aside from having a deep understanding of divorce laws in California, you want an attorney who has a better understanding of the unique challenges faced by LGBTQ+ couples. They will be more sensitive to the needs and concerns of their clients and better equipped to handle cases involving issues such as discrimination, harassment, and bias. The most important thing a good divorce attorney should do for any of their clients is be an advocate for them. Your attorney should be someone you not only feel comfortable with, but they should be someone you would trust to represent your best interests on behalf of you in the event of your absence. Hiring an attorney who specializes in same-sex divorces in San Diego can be crucial in ensuring that your divorce is handled effectively and efficiently. They will have the knowledge, experience, and advocacy skills necessary to protect your rights and assets and help you to achieve the best possible outcome of your case.
