Yes. We can file the proper paperwork so that both your domestic partnership and your marriage will be dissolved.
Same Sex Marriage: Divorce and Dissolution of Domestic Partnerships
Although a same sex divorce is governed by the same laws in California as a heterosexual divorce, there are other factors, such as federal tax law, that impact how a same sex couple may want structure a settlement agreement that should considered during the divorce process. We have years of experience helping gay and lesbian couples in and out of the state find the information and support they need. If you have additional questions about same sex divorce, you may want to look at our FAQs on same sex divorce. You can also contact us with your questions and concerns.
Yes. If you and your spouse live in a state that doesn’t recognize same-sex marriage, we may be able to help you obtain a divorce in California. In order to be eligible for a California divorce, you will have to meet one of these criteria: you were married in California, but now live in a state that does not recognize same-sex marriage; or, your marriage or domestic partnership was established in California or another state, and either you or your partner live in California; or, your domestic partnership was established in California and you now live elsewhere.
With the Supreme Court overturning Section Three of the Defense of Marriage Act (DOMA) in June of 2013, there has been a lot of discussion about the impacts of this ruling on same-sex couples who wish to end their marriage or Domestic Partnership.
Since California’s initial enactment of a Domestic Partnership Registry in 1999, Divorce Helpline has been at the forefront of helping gay and lesbian couples address legal concerns regarding their relationship status.
We’ve worked with hundreds of couples in and outside of California who wish to terminate a marriage or domestic partnership, providing a high level of support, service and accurate legal information to make the process run as smoothly as possible. People are often surprised to learn that even though they live outside of California, they can dissolve their same-sex marriage or Domestic Partnership through legal channels in California. We have helped many gay and lesbian couples out of state, and even out of the country navigate the divorce or dissolution process and move on with their lives.
In instances of same sex divorce, gay and lesbian couples face many of the same basic questions as heterosexual couples. There are also specific issues unique to their partnerships that can cause confusion and distress. For example, some of the tax implications are different. The IRS currently refuses to provide tax breaks to same-sex spouses paying spousal support, which changes the way couples may want to structure their settlement agreements.
We work closely with financial experts who specialize in tax consequences in these situations and can lend their expertise to the process. We also work with couples who may have initially had a Domestic Partnership, and then later married. Some are able to end both legal relationships through Summary Dissolution, while other couples must terminate each partnership separately.
Regardless of your situation, we urge you to call us at 1-800-359-7004 to discuss how our consultation and coaching, packages, divorce mediation or document preparation services can help you work through the challenges of dissolving your marriage or Domestic Partnership.
We are here for you and will do everything we can to help you understand your options, rights and responsibilities in order to achieve the best possible outcome.