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same-sex couples & divorce Archives

Approaching relationship issues with respect

We are proud of the fact that California is one of the more progressive states in America when when it comes to same-sex couples. At Thomas Law Offices, we try to embody the ideals that led our legislators and judges to their landmark decisions, treating each relationship with the respect it deserves.

Navigating same-sex divorce in california

With America's progressive shift regarding marriage in recent years, countless same-sex couples have experienced a smoother process altogether. However, this process often includes divorce -- a side of same-sex marriage that can become difficult. What are some current challenges that California couples face, and might it lead to a positive outlook toward the future of same-sex separations?

Woman argues law must recognize biological difference of genders

The legal recognition of same-sex marriages throughout the country now entitles couples in such relationships in Los Angeles to the same rights and privileges afforded to married heterosexual couples. Yet with these new rights also comes the obligation to adhere to the same laws applicable to heterosexual couples when they divorce. Given that same-sex marriage is a relatively new issue, few states have laws specific to the dissolution of such unions. This can create a fair amount of legal confusion when same-sex marriages do end. 

Same-sex marriage is one matter, while divorce can be another

Divorce is an uncomfortable topic in most Californians' books. This notion hits especially close to home for couples unclear on state laws surrounding divorce altogether. For heterosexual couples, challenges in the divorce process usually see some level of clarity after mediation or court hearings. However, while same-sex couples can finally legally marry, aspects of divorce can send them into stressful gray areas.

Understanding same-sex divorce in california

No matter what kind of light one casts over divorce, the effects that can follow are often difficult. It can take months -- and even years -- to get life back to normal. For same-sex couples, this process can prove all the more frustrating, especially since different divorce laws apply depending on the state. Although the nation is slowly progressing with these laws, divorcing from a same-sex marriage in California can have its rocky ups and downs. 

Property division issues facing same-sex couples

The Supreme Court ruling in 2015 that effectively legalized same-sex marriage in all 50 states opened the door to benefits that many couples in Los Angeles may have been waiting years for. At the same time, it also introduced a whole new set of issues that some are now forced to deal with. Whereas same-sex couples who were not joined in marriages or civil unions in the past could end their relationships without having to deal with the same challenges that come with a divorce, those that have since married and are now choosing to separate must address them. This includes dealing with topics such as spousal maintenance, child support and property division. 

Same-sex adoption laws in california

In a society that has only recently begun to welcome same-sex marriage, regulations on marriage and divorce may seem ambiguous. Despite the passing of same-sex marriage in California in 2008, breaks in that law nevertheless occurred, making the ruling complicated in general. After gay marriage became a constitutional right in 2015, many thought this ambiguity would end; however, there still exist challenges in the system for many same-sex couples.

Assigning parental roles to same-sex couples

Same-sex couples have often come to us here at the Thomas Law Offices after having started their families confused over who is legally assigned the traditional roles of mother and father in their homes. If this describes your scenario, then you understand that the concern over such roles lies less with the public designation you and your spouse are given, but rather the inherent responsibilities that come with each one. Like many in Los Angeles, you may also worry how the role that you are assigned could potentially affect you should you get a divorce. 

Resolving custody issues in same-sex divorce cases

Given that is has been only in recent years that same-sex marriages have been legally recognized in the U.S., it may come as little surprise to learn that much confusion still surrounds the application of family law principles to such unions. Yet the growth of such marriages has prompted the need to develop appropriate interpretations of statutes related to marriage and the family. Indeed, the Pew Research Center reports that there may be up to 71,165 legally married same-sex couples in America. With this rise in same-sex marriages has also come an increase in same-sex divorces, which has forced California lawmakers to rule on how laws such as child custody and support apply to these cases. 

Same-sex divorce: obstacles in the law

In most cases, a couple in any area of the United States can file for divorce through typical legal procedures. If a same-sex couple files the same paperwork for dissolution, the result can come with strings attached. That is the case in California, where even though same-sex marriage has been legal since 2008, same-sex couples suffer negative repercussions upon divorcing.


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