How Does Divorce Work for a Couple in a Same-Sex Marriage?

When a couple is seeking a divorce, typically they will talk to an attorney or the courts about what options they are facing. However, for same-sex couples, divorce can be a little confusing. Many same-sex couples ask these questions: Does our divorce consist of the same aspects? Do we go through the same process? Now you can find out, if you and your partner are interested in a divorce and unsure of where to turn.

Understanding Summary Dissolution 

If you and your partner are a same-sex couple living in California, a summary dissolution may be the right thing for you. It is the fastest way for a same-sex couple to receive a divorce. Of course, summary dissolution is not your only option – you may need to go through a normal divorce like many other couples in a domestic partnership. However, if you qualify for dissolution, it is a fast and easy way to handle your divorce and the process doesn’t even involve speaking to a judge.

Requirements

• You and your partner must have been married for less than 5 years and registered as domestic partners.
• You must have no children together, either born or adopted before or during the marriage.
• You cannot own any part of land or buildings.
• You cannot own any part of land or buildings.
• You cannot owe more than $6,000 for debts acquired since the date that you were married.
• You must have less than $41,000 worth of property between you two.
• You must agree that neither spouse will receive spousal support.
• You must sign an agreement that divides your property.
• You and your spouse must have lived in California for the last 6 months and in the county where you file for summary dissolution.

If you qualify for summary dissolution because you meet the requirements, you must take some special steps in the process. Speaking to your attorney will answer all of your questions regarding your dissolution and how it will occur from start to finish. For instance, some of the steps include speaking to the court, filing a petition, exchanging financial information, and more. However, dissolution is known to be less time-consuming and expensive as divorce. If this seems like an option that would work for your divorce, call us today. We can help you through the process.