What You Need to Know About Same-Sex Divorce in California
California considers same-sex and opposite-sex marriages to be equal. Here are the basics of same-sex divorce in California.
Same-sex divorces and opposite-sex divorces in California follow the same processes. However, the requirements for divorce differ slightly.
Important Information About Getting a Same-Sex Divorce in California
Same-sex couples have the same rights, protections, benefits, responsibilities, obligations, and duties as are granted and imposed on opposite-sex spouses by California law.
Either spouse or partner may decide to end the marriage, whether or not the other spouse/partner wants to. The other spouse/partner cannot stop the process by not participating in the case. The courts may issue a “default” judgment and the divorce will go through.
Related: Default Divorce Judgment in California
Grounds for Divorce in California
A California resident may get a divorce if they claim to have “irreconcilable differences” with their spouse. Irreconcilable differences are determined by the court to be substantial reasons for not continuing the marriage and make it known that the marriage should be ended. The resident does not have to give the court any other reason or prove anything. There is no guilty or non-guilty person from the perspective of the courts. This is why California is considered to be a “no-fault” divorce state. This means that there does not have to be any specific reason behind filing for divorce.
Related: California No-Fault Divorce: What You Need to Know
Requirements for Same-Sex Divorce in California
California has two requirements for divorce, but there are exceptions for some same-sex couples.
A California divorce may not be completed unless one of the spouses has been a California resident for 6 months and of the county in which the proceeding is filed for 3 months. To prove one of the parties in the marriage meets these requirements, they must show proof of physical residence and an intention to remain.
Some same-sex spouses may be exempted from these requirements. California Family Code 2320 (b) (1) holds that a divorce may be done in California even if neither spouse is a resident of the state, nor lives in California at the time when the divorce case is filed. The law allows this exemption if the same-sex marriage was done in California and neither of the spouses lives in a state that will dissolve the marriage. Although, the divorce must be filed in the county in which the spouses were married.
Related: Same-Sex Divorce vs. Straight Divorce in California
How to File for Divorce in California
Aside from the exemptions granted to some same-sex couples, same-sex and opposite-sex divorces follow the same processes. The following outline the steps in order to file for a divorce in California.
1. Fill out these forms
The spouse starting the case is the petitioner. The petitioner should complete the following forms:
- The Petition—Marriage/Domestic Partnership Form FL-100
- Summons (Family Law) Form FL-110
- If one has children under the age of 18 with their spouse, fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)—Form FL-105/GC-120
Make sure to make copies of the forms to give to the other spouse. The original forms are for the courts.
2. File the forms with the court clerk and pay the appropriate filing fees
3. Serve the first set of court forms
California law requires that the receiving spouse be informed that the divorce process has started. In order for one to do this, one must “serve” their spouse with copies of all their court papers.
Related: How to Serve Divorce Papers in California
4. Fill out and serve the proper financial disclosure forms
The financial disclosure forms must be submitted no later than 60 days after the filing of a divorce petition. These forms provide each of the spouses with written information about what each one owes, separately and together, in order to divide the property and debts equally.
- Declaration of Disclosure Form FL-140
- Schedule of Assets and Debts Form FL-142
- Income and Expense Declaration Form FL-150
The disclosure documents must include all tax returns filed in the last 2 years.
Make a copy of the forms and serve them to the receiving spouse (must be done by someone other than the petitioner and who is at least 18 years of age).
5. File the Declaration Regarding Service of Declaration of Disclosure
This is Form FL-141. Make two copies of this form and file both with the county clerk. The clerk will keep the original and return the copies back, stamped “Filed.”
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