As more gay couples decide to marry some couples will, unfortunately, also need divorce services. Under the law, same sex couples have the same divorce rights as any couple. The state of California recognizes no-fault divorces. This means that if you decide you and your spouse have irreconcilable differences, you can legally get a divorce. In this state, the concern is about creating a fair split between parties. In this article we will focus on the dissolution of a same sex marriage without children.
Same sex divorce may also require the parties to dissolve a domestic partnership. Domestic partnerships are viewed similarly to marriages in California. A family law attorney can advise on whether you need to dissolve both a marriage and a domestic partnership.
Divorce Requirements for Same-sex Marriages
The two requirements to get a divorce in California are (1) you or your spouse has lived in the state for six months prior to the time of the request, and (2) one of you has lived in the county where you plan to file for divorce for three months.
Although California is a popular state for divorce filings, some people do not meet the legal requirements. If you do not meet the requirements at the time of filing for a divorce there are other legal remedies. A legal separation is a good option as it allows you to formalize the divorce after the required time-frame passes. A legal separation can be preferred over divorce in certain situations where the couple wants to maintain some benefits or religious practices.
A summary dissolution is a good option for couples who have been married or in a partnership for less than five years. It offers a speedier way to obtain a divorce. There are other requirements that must be present in order for a summary dissolution to be granted. A dissolution may offer a viable divorce alternative for couples who do not have any children. Some same-sex marriages will not meet the criteria for a dissolution and will have to file for a traditional divorce.
It is important to understand that in a summary dissolution there is no trial or hearing, Therefore, the parties lose the right to ask for a re-trial (since there was none in the first place) and cannot appeal the court’s decision to a higher court.
The Division of Assets in Same-sex Divorce
In same-sex divorces, the courts may see cases where a couple has been together for over 15-20 years but has only been married for a short time. To fairly divide assets in these cases, the courts may need to avoid traditional asset division precedents, used in heterosexual marriages. Instead they prefer sourcing each asset to the proper owner.
If you are in a marriage that is no longer working, there is no reason remain legally bound in the state of California. You can obtain a divorce in this state, if you were married in this state or you relocated here after getting married in another state. A Sacramento family law attorney can help you dissolve your partnership and fairly divide your assets to help you move on with your life.