What You Need to Know About Same-Sex Divorce in California

Fortunately, we now live in a time that respects same-sex couples’ right to marry one another. That being said, though same-sex divorce is largely the same as opposite-sex divorce, there are various nuances that may complicate matters when same-sex spouses get divorces. If you are looking to get a same-sex divorce in the state of California, please continue reading and speak with our experienced Los Angeles divorce attorneys to learn more about same-sex divorce and how our firm can help you through every step of the process ahead. Here are some of the questions you may have:

How does equitable distribution work in same-sex divorce?

When it comes to property distribution, you will have to first determine the length of your marriage. In many cases, spouses who were married before June 26, 2013, and simply cohabitated with their spouse for a significant period of time before same-sex marriage was legal in California, it will be more challenging to determine marital and separate property in a divorce. That being said, if you were married after this date, the equitable distribution process should be largely the same as opposite-sex marriages. You should also know the time of your marriage may also affect the length and duration of alimony payments you may receive as well.

How do I establish parental rights in a same-sex divorce?

Parental rights are always the most important issue in divorces. However, when it comes to opposite-sex couples, one partner is regarded as the father and the other is regarded as the mother. That being said, this presumption does not exist for same-sex couples if they did not legally establish parentage in the past. That being said, if you did not do so and you are not legally recognized as your child’s mother or father, this will have to be addressed before determining child custody terms.

Again, as previously stated, though same-sex marriage largely deals with the same issues as opposite-sex marriage, the truth is, there are various differences that only a knowledgeable California divorce attorney will be familiar with. Our firm has helped countless same-sex couples through the divorce process for years, and we know we have what it takes to do the same for you, too. If you are ready to get started, please do not hesitate to pick up the phone and give us a call today.


Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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