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1 thing may make CA divorce different for some same-sex couples

On Behalf of Cullen Family Law Group | Jan 7, 2016 | Same - Sex Couples & Divorce |

Residency is a necessity in a CA divorce, except when it’s not

As of just a few years ago, same-sex couples have come to enjoy a growing level of equality when it comes to marriage and divorce. California could arguably be in the forefront of states trying to even the playing field in this regard.

That isn’t the case in every other state of the union. Even today, with U.S. Supreme Court decisions in 2013 and last year establishing that same-sex marriage is legal, the same cannot always be said about divorce. In some states, the courts refuse to grant divorces for same-sex couples.

In some cases it may be because judges are pushing back against the Supreme Court’s rulings. In others, it might be language in state laws that haven’t been changed to reflect marriage as being between two people rather than between a man and a woman. Regardless of the reason, it can create some complicated situations.

Residency rules have proven to be another source of difficulty in some states. In this area, too, California has sought to be something of a trailblazer. And so it is that while divorce for couples, whether they are same- or other-sex in California is nearly identical, residency is one thing for which the law provides for an exception.

For example, the law of the state is that if a couple is seeking a divorce, one of the two spouses must be a resident of the state for at least six months before a filing can be made. However, the state waives that rule in cases where same-sex couples married legally in California and now reside in another state. The only caveat is that a filing for divorce has to be made by the couple in the same county in which they were married.

What this reflects is that while efforts to level the playing field are being made, it hasn’t been achieved across all the states. Legal complexities remain for some divorcing same-sex couples, making consultation with an attorney imperative.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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