Frequently Asked Questions / What is same sex divorce?

Attorney Michael Fischer

 Mike’s Answer:

In California marriage may occur between same sex couples or heterosexual couples. Along the same lines California provides the dissolution of marriage, or divorce, to be granted to both types of couples as well. Registered domestic partnerships and co-habitant partners of the same or opposite sex may get divorced. California is a no-fault state when it comes to dissolution of marriage, and couples must only show grounds based on “irreconcilable differences.” The courts’ main concern lies in helping separating parties reach a fair and amicable resolution regarding how parties wish to move forward with their restructured lives after the divorce is finalized. Domestic partnership dissolution is relatively simple, mainly requiring that your partnership must be registered in California. Even if a couple has never lived in California or previously lived in California but have since moved away, they must file for divorce in California if that is where their partnership is registered. If your domestic partnership was not registered in California, either you or your domestic partner must have lived in California for 6 months, and the county where you plan to file for divorce for the last 3 months. If you are in both a domestic partnership and a same-sex marriage it is possible to end both at the same time. In order to end both simultaneously you must meet the requirements for both.  It is often helpful to speak with an attorney if there are issues regarding jurisdiction, intricacies of divorce requirements or if there are property or debts involved.

Posted in: Divorce, Family Law