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The legal challenges of same-sex divorce

On Behalf of Cullen Family Law Group | Mar 8, 2021 | Same - Sex Couples & Divorce |

Although same-sex marriage has now been legal in the United States since 2015, divorce for same-sex couples can be quite complex, especially for couples who were together before marriage was legal in their state.

Same-sex couples going through a divorce follow the same laws concerning the division of property and debt, rights to visitation or custody and eligibility for child support as do heterosexual couples. Every divorcing couple must meet the registration requirement of the state in which they are residing.

However, some issues concerning property, custody and child and spousal support come up for a variety of reasons related to how long the couple was together.

Divorce in California

California has recognized same-sex marriage since 2008, and LGBT couples also follow the same or similar processes for divorce as heterosexual couples. Couples do not have to have a reason to divorce, as California is a no-fault state. They must reside in the state for at least six months in order to file for divorce. As California is a community property state, when same-sex couples divorce, the judge will divide all marital property equally.

LGBT couples have the same options for dissolution of marriage as heterosexual couples and can go through a standard divorce or through other alternative dispute resolution methods.

Complexities of exceptions for same-sex couples

Where it gets more complicated is for same-sex couples who were together before their marriage was legal. Property that was bought by either spouse before the marriage was legalized will be regarded as separate property, even if common funds were used to purchase it. This can lead to an unfair property settlement, and the final decision is up to the judge’s discretion.

Couples who chose to start a family before their marriage was recognized face an uphill battle when it comes to parental rights and visitation. Because it was virtually impossible for them to adopt a spouse’s biological children at the time when their relationship was not legally recognized, most states will not award them parental rights.

Alimony is usually awarded to a spouse who has a financial need. But for couples who were together many years before their union became legal, the courts do not have a standard method of determining the amount of alimony to award. In California, palimony is awarded based on the number of years the couple was together before their marriage was legal.

If you are considering divorce, it is important to find a family law practice that supports, advises and will fairly represent same-sex couples going through 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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