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Should same-sex couples approach divorce differently?

On Behalf of | Jan 8, 2024 | Same-Sex Couples & Divorce |

California has long been at the forefront of legal changes to advance the rights of same-sex couples. For years, same-sex couples fought for the right to marry. Now, they have that right. With the right to marry comes the right to divorce. Should same-sex couples approach divorce differently than other married couples?

What’s different?

Some of our readers may be wondering why same-sex couples would have different concerns to worry about when it comes to getting divorced. The reality is that, when it comes to legal issues, the actual divorce process is pretty much the same – regardless of the genders of the married couple going through the divorce. Those couples still need to address child custody and support, alimony and property and debt division, depending on the facts of any given case.

However, the differences for a divorcing same-sex couple may be subtle. It could come in the way the couple is treated, both in the courtroom and in any potential alternative dispute resolution methods they use, like mediation. Fairness is the goal, and so is respect.

If you are part of a same-sex couple that is exploring a potential divorce in California, you are probably doing your best to research what to expect. Obviously, that is a good start, but it is important to get the information that will apply to your own unique situation, and to get that information from a source that respects the same-sex community and the challenges that might be present in the legal system.


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