Southern California Family Law Attorney Blog

The time period when a couple in California is ending a marriage may be highly emotionally charged, and at times it is difficult for either party to see through the anger and grief to settle the arguments and disagreements. The situations may be further complicated if the spouses are of the same sex and live in a state that doesn’t recognize or support gay marriage. Finalizing details regarding divorce and child support may be next to impossible if the state refuses to legally allow the two individuals to divorce.

Same sex couples that have not yet married but are considering that step are encouraged to create a pre-nuptial agreement to avoid problems if the couple moves to one of 37 states that don’t currently recognize gay marriage. In these states, the law may not allow for these couples to be divorced, and one or both parties may be forced to move to a different state before the divorce will be granted.

Judges in the same state have been known to rule differently regarding divorces for same sex couples on different days, and some couples have become desperate, as they are unable to move due to jobs, money, or restrictions with children.

As the country is embroiled in an argument over whether gay marriage should be legal or not, same sex couples may want to also encourage legislation that allows gay couples to become divorced in all states. Hiring an attorney may help a same sex couple to obtain their divorce regardless of where they live, but it is also encouraged that both parties be prepared before the marriage actually happens.

Source: Huffington Post, "Gay divorce: For gay couples, divorce equality is also a trial," Geoff Williams, July 5, 2013