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Special concerns during same-sex divorces

On Behalf of Cullen Family Law Group | Aug 9, 2018 | Same - Sex Couples & Divorce |

When a same-sex couple divorces, they may face certain issues that most heterosexual couples don’t have to consider.

The complications that same-sex couples experience during their divorces are part of the legacy left behind from years of discrimination and a patchwork of legal rulings and laws over the decades it took to gain marriage equality. Here are some of the most common questions same-sex couples have to address:

1. Are you legally married?

It’s not always an easy question. In California, some couples were allowed to marry — then soon saw their marriages deemed invalid. Some may have assumed that they had to get married all over again for the marriage to be valid — and are shocked to find out that they’re still legally wed to their spouses. Others are startled to find out that a divorce will end their marriage but not their civil union. You want to make sure that all your legal ties are dissolved if you want your freedom.

2. When did your marriage begin?

This is an important question if you think you may either be entitled to spousal support or have to pay it. The length of a marriage is a big factor in how spousal support, or alimony, is paid. The start date of a marriage also affects which assets belong to the individual and which to the couple.

It’s generally unfair to penalize someone who needs support for not getting married sooner when they weren’t legally able to do so. However, that leads to some difficulty establishing exactly how many years should be counted as part of any calculations.

3. Are your children legally related to you?

Children of a same-sex marriage may be only biologically related to one of their parents. In the case of adoptions, only one parent may have been on the adoption forms. Often, that was out of necessity due to the adoption agency’s attitude toward same-sex couples.

If your children aren’t legally related to you, a divorce can throw your life into chaos if your spouse isn’t willing to share custody.

Try to put a timeline of your marital relationship down on paper to help your attorney look at the issues and better protect your rights during your same-sex divorce.

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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