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Same-sex divorce issues in California

On Behalf of Cullen Family Law Group | Aug 2, 2024 | Same - Sex Couples & Divorce |

Since 2015, same-sex couples in California have had the legal right to marry. Same-sex couples who get married will have the same legal rights as opposite-sex couples in California. Therefore, the process of getting a divorce is the same for all married couples in California. Here are the steps involved:

  • File a petition with the court to begin the divorce proceedings. California is a no-fault divorce state, which allows you file for divorce without proving cause.
  • Serve your spouse with divorce papers.
  • Wait six months (California’s mandatory waiting period), then finalize the divorce.

While the process is the same, there are certain issues that arise in same-sex divorces that may not arise in opposite-sex divorces. Some of these issues impact child custody and property division

Child custody

For opposite-sex couples, there is a legal presumption that the spouses are the parents of any child born during the marriage.

However, this presumption does not exist for same-sex couples. If only one parent is biologically related to the couple’s child, and the other parent did not legally adopt the child or otherwise establish their parentage, determining custody can be challenging.

In such cases, it may be more difficult for the non-biological parent to retain their legal rights to the child. However, courts are generally focused on doing what is in the best interest of the child. If the child has two parents who are able and willing to care for the child, the court is likely to consider shared parenting.

Property division

Generally, a spouse will be entitled to 50 percent of the marital property in a community property state like California. However, separate property, or property each spouse owned individually prior to the marriage, will generally not be eligible for division during the divorce.

This could be an issue for same-sex couples that were together for several years before same-sex marriage was legalized. The property they acquired during their relationship prior to marriage may be considered separate property, even if they purchased it together or with joint funds.

Same-sex couples in California have the same legal rights as opposite-sex couples when it comes to marriage and divorce. However, they may face certain challenges during the divorce process. Adequately preparing for what is coming is essential to making the process go more smoothly.

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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