Equal Dignity in the Eyes of the Law – divorce pertaining to a same-sex marriage in California

On June 26, 2015, the United States Supreme Court (SCOTUS) held, in a slim 5-4 decision, that same-sex couples can marry in any state of the union and enjoy the same rights as any other heterosexual married couple.  Their reasoning is, in part, as follows: “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than they once were…Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”

While marriage equality seemed like a no-brainer to many, and now allows same-sex couples to marry in the same ways, and enjoy all rights previously granted only to heterosexual couples, there will be a period of time in California in which the dissolution (untying) of a same-sex marriage may require some extra paperwork.  For instance, for those same-sex couples that entered into a “domestic partnership” in California prior to the Marriage Equality Act, the domestic partnership will have to be terminated in addition to the marriage. Otherwise, the domestic partnership will remain in place. Accordingly, be sure to inform your attorney if you have ever filed a domestic partnership in the State of California.

If you’d like to take advantage of our 30 minute free consultation, or if you have additional questions on dissolving a same-sex marriage, please call Robin Grant-Huggins at (949) 261-7700 (during normal business hours) or (949) 683-9321 (during evenings