Same Sex Union Divorce Attorneys
Laws governing same-sex unions have changed drastically throughout the past decade. Most states and the federal government now legally recognize the fundamental right of same-sex couples to wed. Since same-sex couples are allowed to wed, laws regarding the dissolution of marital status also apply to them. Some same-sex spouses may be confused about their rights under various state and federal laws. If you and your spouse are considering filing for divorce, legal separation, or annulment, contact our LGBT law office for a consultation. Our gay friendly family law attorneys provide legal representation to lesbian, gay, bisexual, and transgendered (LGBT) individuals throughout the United States.
Same-Sex Union History
Throughout the past decade, same-sex couples have urged lawmakers to enact laws that allow same-sex marriage under California’s Constitution. In 2000, the legislature allowed same-sex couples to enter into registered domestic partnerships. In 2004, the Mayor of San Francisco granted 4,000 marriage licenses to same-sex couples. The California Supreme Court stated that the Mayor overstepped his authority and declared all licenses null. In 2008, a voter initiative known as Proposition 8 passed allowing same-sex couples to wed. Proposition 8 was later challenged in federal court and struck down. In 2013, the U.S. Supreme Court held that the provisions of the Defense of Marriage Act were unconstitutional in regard to the restrictions that prohibited same sex couples from enjoying the federal benefits of marriage opposite-sex couples received. The ruling resulted in the federal government recognizing same sex marriages and affording such couples the same rights as opposite-sex couples. Based on current federal and state law, same sex couples domiciled in California can now wed.
Registered Domestic Partnership Divorce
As mentioned above, same sex couples can enter into registered domestic partnerships.
Because a registered domestic partnership is a legal union recognized under California State law, it must be legally dissolved. Issues regarding the division of property, child custody and support, and spousal support may be raised during the dissolution of the domestic partnership. You should consult with experienced counsel when dissolving your domestic partnership. Going through the legal process alone can subject you to unwanted legal rulings.
Same-Sex Union Divorce
Same sex union divorce is similar to opposite-sex union divorces in California. The same laws apply under both circumstances. A divorcing same-sex couple must obtain a judgment of dissolution to officially terminate their marital status. California requires the same-sex couple to have wed in California and be residents in order for the court to exercise jurisdiction to terminate the marital status. Complications may arise when same-sex couples entered into a registered domestic partnership before marriage. In this case, both the domestic partnership and the marriage will need to be legally terminated.
Hire Our Same Sex Marriage Divorce Attorneys
If you are seeking to file for legal separation, divorce, or annulment anywhere in the United States contact our same-sex union divorce attorneys for a consultation. He will review your case and provide you with legal advice and guidance on how to best proceed.
No matter what state your case is in our team of same sex marriage family law attorneys & same sex union lawyers can help as they serve all 50 states and Washington D.C. including: Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wyoming and Wisconsin.