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Common questions about same-sex divorces in California

On Behalf of | Jan 18, 2022 | Same-Sex Couples & Divorce |

Since the Supreme Court decision legalizing marriage across the United States has gone into effect, hundreds of thousands of same-sex couples have been married. But just like heterosexual couples, not all marriages last forever. When a same-sex couple in California decides that they need to split up they should understand their rights and obligations before filing for divorce.

Do you have to file separate actions to end a marriage and a domestic partnership?

Many same-sex partners entered into a domestic partnership before they were married. Under California law, a couple needs to end both their partnership and their marriage but this can be done through the same case and petition.

Is a spouse entitled to half of the property?

California is a community property state which means that any property the couple acquired during their domestic partnership or marriage is the property of both spouses. Any debt the couple incurred is also community debt. If the couple divorces, each spouse is entitled to half the property and half the debt acquired during their partnership or marriage.

Does a spouse need a reason for a divorce?

California is a no-fault state which means that a person does not have to give a reason for getting a divorce. The person filing for divorce can just state that there were irreconcilable differences which means the couple cannot get along and the marriage is irretrievably broken.

If a person has questions regarding a divorce in California, they should contact an attorney who specializes in same-sex couples and divorce. An attorney can answer any questions their client may have and guide their client through the process of a divorce.


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