Contact Us Today 951-715-4632

Cullen Family Law Group
  • Home
  • About
  • Attorneys
    • Heather M. Cullen, CFLS
    • Alexandria Jaquay, CFLS
    • Da Nikka Huss
  • Services
    • Family Law
    • Divorce
    • Child Custody & Visitation
    • Child Support
    • Domestic Violence
    • Estate Planning In Divorce
    • Guardianship & Adoption
    • Legal Separation
    • Military Divorce
    • Property Division
    • Spousal Support
  • Family Law FAQ
  • Testimonials
  • Blog
  • Media
    • Articles
    • Videos
    • California Certified Family Law Specialists
  • Contact
Cullen Family Law Group
  • Home
  • Firm Overview
  • Attorney Profiles
    • Heather M. Cullen, CFLS
    • Alexandria Jaquay, CFLS
    • Da Nikka Huss
  • Practice Areas
    • Family Law
    • Divorce
    • Child Custody And Visitation
    • Child Support
    • Domestic Violence
    • Guardianship & Adoption
    • Legal Separation
    • Military Divorce
    • Property Division
    • Spousal Support
  • Client Recommendations
  • Blog
  • Media
    • Articles
    • Videos
    • California-Certified Family Law Specialists
    • Video Center
  • Contact
  • x Close
EMAIL

CALL

Fast. Fair. Thorough.

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When the United States Supreme Court repealed the Defense of Marriage Act in 2015, same-sex couples gained the right to legally marry everywhere in the nation.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.

Recent Posts

  • What Are Temporary Orders in a California Divorce?
  • How Long Does Spousal Support Last in California?
  • What Is Joint Custody in California?
  • What Happens at a Family Court Hearing in California?

Categories

  • Child Custody
  • Child Support
  • Custody & Visitation
  • Divorce
  • Domestic Violence
  • Family Law
  • Firm News
  • Legal Process & Timelines
  • Military Divorce
  • Property Division
  • Same – Sex Couples & Divorce
  • Spousal Support

Archives

RSS Feed

Subscribe To This Blog’s Feed

Find Out How We Can Help You.

Call 951-715-4632, chat with us, or request a consultation below.

Riverside Office

4094 Chestnut Street
Riverside, CA 92501
951-715-4632

Fax: 951-715-4601

Riverside Office
Cullen Family Law Group

Temecula Office

28465 Old Town Front Street
Suite 321
Temecula, CA 92590
951-715-4632

Fax: 951-715-4601

Temecula Office
Review Us
  • Follow
  • Follow
  • Follow
  • Follow
Pay Invoice

We accept Visa, MC, Discover, AMEX & E-checks.

© 2026 Cullen Family Law Group • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw