While California was one of the very first states to legalize same-sex marriage, voters in the state did pass Proposition 8 in the same year to ban it before the U.S. Supreme Court legalized it nationwide in 2015. Thus, we can say that the history of same-sex marriage in California is contentious.
It is also why you would not be surprised to find that same-sex divorce in the state is just as contentious. It can be challenging and confusing and just an ordeal to go through.
Problem with recognition of the marriage
Perhaps nothing demonstrates the legal hurdles same-sex couples face more than the challenge of determining when their marriage holds legal validity. If you were in a domestic partnership or civil union before marriage equality laws passed, you might find it confusing to determine when your marriage started. The official start date of your marriage is crucial for dividing your properties and calculating spousal support.
California law treats assets acquired during marriage as community property. However, if you were together before same-sex marriage laws took effect, you might find it challenging to have that period legally recognized as part of your marriage.
Child custody and parental rights
The same applies to child custody and parental rights. If one partner is not the biological parent, it could pose a problem in securing custody and visitation rights. One or both of you may have to go through formal adoption and other legal steps before the law will recognize your parentage.
Social and legal biases
Even with legal protections and changing social views, same-sex couples might encounter discrimination in the legal system. Working with a lawyer supporting LGBTQIA+ rights can help you overcome these obstacles.
Moving forward
However, do not let these issues deter you. Collaborating with an attorney who understands your specific situation can help you overcome obstacles and achieve a just outcome in your same-sex divorce proceedings.