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Is Same-Sex Divorce Different in California?

same-sex

Just a few years after the U.S. Supreme Court ruled in favor of same-sex marriage nationwide, new reports confirm that over 10% of LGBT adults in the U.S. are now married to a same-sex spouse.

But just as the decision to allow same-sex marriage nationwide was heralded, some who were already married celebrated because same-sex divorce would also have to be allowed.

In this issue, we’ll talk more about same-sex divorce in California, and why it makes sense to leverage the skills of a San Diego same-sex divorce lawyer.

How many same-sex couples are in California?

The most recent U.S. Census data confirms that California leads the country with just over 98,000 same-sex couples. New York and Florida – both with nearly 50,000 same-sex couples – are ranked second and third.

Are same-sex couples more likely to divorce than opposite-sex  couples?

Data from just before the U.S. Supreme Court made same-sex marriage legal nationwide found that the divorce rate among same-sex couples was 1.6%. For comparison, opposite-sex couples on average experience a 2% annual divorce rate.

Is divorce different for same-sex couples in California?

Many of the issues involved in opposite-sex divorce – including division of assets, support, etc. – are resolved the same way in same-sex divorces.

Also, just as with opposite-sex divorces, there are settled and contested divorces for same-sex couples. If you and your partner are unable to settle your differences, you may be compelled to take part in court-ordered mediation.

Perhaps the biggest challenges facing same-sex couples during divorce involves child custody. If you and your partner both adopted a child during your marriage, you’ll both be entitled to the same parental rights as opposite-sex couples.

However, if one partner is a biological parent of the child and the other partner did not adopt the child – for whatever reason – that other parent will most likely not enjoy the same legal rights to custody.

Keep in mind, though, that custody issues in same-sex divorce cases are required to receive the same legal protections as those in opposite-sex divorce cases. Remember, the overriding legal guide is California Family Code Section 3011, which states that the best interest of the child is the determining factor in child custody and visitation decisions.

Are you considering same-sex divorce in San Diego? Call The Men’s Legal Center.

While same-sex marriage and divorce is essentially a settled matter legally, there may still be some confusion as the courts continue to progress.

To make sure you and your interests are protected in the long-run, your best bet is to leverage the skills and expertise of the same-sex divorce attorneys at The Men’s Legal Center in San Diego.

Call us at 619-234-3838 or get in touch via email.