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Is same-sex divorce any different from conventional divorce?

On Behalf of | Oct 31, 2024 | Divorce

California, known for its progressive laws, was among the first U.S. states to recognize same-sex marriages. Following the 2015 Supreme Court decision in Obergefell v. Hodges, same-sex marriage became legal in all 50 states. 

However, with the rise in same-sex unions, the question of divorce inevitably follows. Same-sex couples might be curious to find out if same-sex divorce in the Golden State differs from conventional, heterosexual divorce. 

Property division and length of marriage

A key determinant of how property is divided and whether spousal support might be awarded in divorces is the length of the marriage. For same-sex couples who were living their truth long before same-sex marriage was recognized as a human right, this can present a challenge. 

For example, a couple may have been cohabiting for 10 years but only got legally married in 2014 or 2015. The state typically considers only the period after the marriage was formalized when dividing property or determining alimony. This is unless the couple can prove that their relationship functioned as a marriage-like partnership beforehand.

Child custody and parental rights

Child custody can also pose unique challenges for same-sex couples, particularly if both partners are not listed as legal parents. In cases where a child is biologically related to only one spouse, the non-biological parent may need to establish parental rights through adoption or legal parentage recognition. While the Golden State aims to uphold the child’s best interests, these legal complexities can result in custody disputes that heterosexual couples are less likely to encounter.

Spousal support considerations

Like conventional divorces, spousal support (alimony) may be granted in same-sex divorces. However, the determination of the marriage length can again present complications. Courts may need to assess the relationship holistically, especially when partners cohabited or shared financial responsibilities before they could marry legally.

Same-sex couples who are considering a divorce in the Golden State can benefit from holistic legal support. Ultimately, divorce is never easy, but with the right guidance, all couples—regardless of sexual orientation—can navigate it with dignity and fairness.