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Older same-sex couples: Ask these 3 questions when divorcing

On Behalf of Cullen Family Law Group | Feb 21, 2019 | Same - Sex Couples & Divorce |

When the United States Supreme Court repealed the Defense of Marriage Act in 2015, same-sex couples gained the right to legally marry everywhere in the nation. The move ended the patchwork of laws that subjected same-sex individuals to uneven treatment when it came to their right to marry the persons they loved.

Unfortunately, same-sex couples are subject to many of the same marital stressors as heterosexual couples. Just like heterosexual marriages, same-sex marriages break down and end in divorce. For many same-sex couples — particularly those in their late 50s and older — the legacy of those patchwork laws of the last few decades can make divorce complicated.

If your same-sex marriage is dissolving, here are the things you need to consider:

1. Where did you formalize your relationship with your spouse (and how)?

If you had a domestic partnership, do you still have one? Some states converted their domestic partnerships into marriages — and some didn’t. Some same-sex couples have both a domestic partnership (often obtained before the right to marry was possible) and a marriage.

This is important, because it’s possible you may need to take legal steps to dissolve your union in more than one way.

2. How long were you committed as a couple before marriage?

This may not be easy to figure out, especially if you and your spouse are at odds on the issue. However, it’s important to know if there’s any spousal support involved. Spousal support awards are often more generous when a couple has a longer marriage. But your “de facto” marriage may have existed long before you gained equal rights.

3. What is your legal relationship to any children of the marriage?

You may not have any minor children to be concerned about, but that doesn’t mean that your relationships with your adult children aren’t important. You may wish to take steps to solidify a relationship with an adult child that isn’t biologically yours once your marriage ends. That may be important down the line for issues of inheritance and when determining next-of-kin.

During this complicated time, same-sex couples need advice that’s fair, considered and understanding of their situation. Our office can provide those things. For more information, please continue to explore our page.

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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