Same-Sex Divorce Laws in California
Same-sex marriages like hetero-sexual marriage have the potential to head for a divorce. The divorce laws differ from state to state and the laws in the State of California is much more relaxed. In California, you don’t have to give reasons for a divorce. If you feel you need a divorce from your partner you can get one without showing any proof of why you need one. In California, it is all about giving a chance to both you and your partner to lead separate lives.
Like in any other marriage, same-sex marriages also have certain considerations. If you and your partner are heading for one, read through the following points to gain a better understanding of things you need to consider.
- Dissolving domestic partnerships
In California, domestic partnerships are viewed as marriages. If you plan to divorce your partner, you must end your domestic partnership as well. Only after you have done this will the state declare you single and eligible for re-marriage. This is one important difference between a hetero-sexual marriage and a same-sex marriage.
- Residency requirements
If you and your partner are getting a divorce in California but belong from a different state, then there’s lot to cheer about. In California, you don’t need to be a resident of the state to get a divorce. In other states, usually, you need to provide residency proof of at least 6 months before you can head for a divorce.
- Custody rights
Custody rights are a big issue in America. The U.S. Justice Department take it very seriously and same-sex couples face the same issue. If you can resolve the issue amicably with your partner, then things become much easier. But if you can’t then the state courts will take weigh every information about the child and then come to a conclusion. Custody battles can be tough and it’s one of the reasons why divorces become difficult.
- Dividing assets
Assets are divided based on who owns what. Most times, this can be difficult due t the length of marriage. Again, if you and your partner can decide on which asset belongs to whom, it becomes easy. But in case you can’t decide then the court looks at the duration of marriage and then comes to a conclusion. But mind you, Marriage and living together is not the same thing. It all depends on how the court views your marriage.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
