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Do same-sex couples have unique divorce requirements?

On Behalf of | Feb 19, 2024 | Divorce |

Following the Supreme Court’s decision in Obergefell v. Hodges, same-sex couples going through a divorce have the same rights as divorcing non-same-sex couples and are therefore subjected to the same regulations.

Who is eligible for a same-sex divorce in California?

Same-sex couples may file for divorce in California if they meet certain requirements. You will be eligible for a same-sex divorce in California if you meet the following criteria:

  • You and your spouse are legally married in the state of California.
  • At least one of you has resided in California for at least six months.
  • At least one of you has resided in the county of the filing for at least three months.

California is a no-fault divorce state

In California, a no-fault divorce state, couples do not have to prove that one spouse was at fault for the divorce. The couple may cite to “irreconcilable differences” in their divorce petition, which essentially means they are no longer able to get along and are not able to save their marriage.

Adultery, cruelty, and other traditional fault-based grounds for divorce may not be cited in a California divorce petition but can influence other aspects of the divorce. For example, adultery may impact the amount and duration of spousal support awarded in the divorce, particularly if the spouse who had the affair used marital funds to fund the affair.

Once the divorce process has begun, it will generally take at least six months for the divorce to be finalized. The more you and your ex can agree on with regards to custody, property division, and other issues, the faster things will be resolved.


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