California passed a law in 2008 granting same-sex marriage licenses. The California Supreme Court ruled in favor of the freedom to marry by upholding the lower ruling. The Court denied all requests for a rehearing weeks later. This progressive law opened a new way for same-sex couples to formalize their union and garner themselves the same rights that heterosexual married couples have. Over the next few months after this ruling, 18,000 same-sex couples got married in the state.
In November 2018, opponents for the freedom to marry was pushed through Proposition 8, a constitutional amendment stripping same-sex couples of the freedom to marry. In August 2010, District Court Chief Judge Vaugh R. Walker ruled that Proposition 8 violated the U.S. Constitution’s guarantees of equal protection and due process. In February 2012, the U.S. Ninth Circuit Court of Appeals upholds this ruling that Prop 8 is unconstitutional.
In June 2013, the Supreme Court declares that the proponents of Proposition 8 lack legal standing to appeal the lower court rulings that already invalidated Prop. 8. This historic ruling makes permanent the August 2010 ruling find Prop. 8 unconstitutional and results in the swift restoration of the freedom to marry in California. The freedom to marry resumes on June 28, 2013.
On June 26, 2015, the United States Supreme Country rules in favor of the freedom to marry ending marriage discrimination across the country.
Same-Sex Marriage Means Same-Sex Divorce
The freedom of same-sex marriage also brings with it the need for a freedom of same-sex divorce. Same-sex divorces are generally like heterosexual divorces and involved the same issues that need to be sorted out, such as:
– Division of property
– Support orders
– Custody arrangement
– Spousal support
One important difference is that if you were married in California but now live in a different state, you may have to have your divorce handled in the California jurisdiction, based on your new state’s laws. Same-sex couples also do not need to meet the same residency requirements as heterosexual couples do. It is best to immediately consult with a Central Valley divorce attorney.
Call an Experienced Central Valley Divorce Attorney
If you are involved in a divorce proceeding, it is in your best interest to consult with an experienced divorce attorney to help you learn your legal rights and options with respect to your divorce proceeding.
For more information or to schedule a complimentary consultation with Central Valley divorce attorney Gurjit Srai, please call (209) 323-5558 or (559) 449-1447, or complete our online form.