California Same-Sex Marriage and Divorce Laws
On June 16, 2008, California began issuing marriage licenses to same-sex couples as a result of the Supreme Court of California finding in In re Marriage Cases 43 Cal.4th 757 (2008), that denying same-sex couples to legal right to marry violated California’s Constitution.
The issuance of such licenses was halted from November 5, 2008 until June 27, 2013 (though existing same-sex marriage licenses previously issued and legally issued elsewhere continued to be valid) due to the passage of California Proposition 8—a state constitutional amendment barring same-sex marriage. California Proposition 8 was challenged in federal district court, and later in the United States Supreme Court on various grounds, however. Ultimately, the United States Supreme Court restored the effect of a federal district court ruling overturning California Proposition 8 as unconstitutional (on unrelated, ancillary grounds) in Hollingsworth v. Perry, 570 U.S. 693 (2013), and on June 28, 2013, same-sex marriages were able to resume when the stay of effect was removed from the federal district court decision overturning California Proposition 8.
Under the laws of the State of California, the process and rules governing the dissolution of a legally valid marriage between a heterosexual couple apply equally to a same-sex couple.
Same-Sex Marriage and Divorce Laws in the United States
On June 26, 2015, in the landmark civil rights case, Obergefell v. Hodges, 576 U.S. 644 (2015), the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the XIV Amendment to the U.S. Constitution. The ruling requires all fifty states to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities, including the right to dissolve the marriage (i.e. divorce).
Accordingly, refer to our divorce page if you are seeking information about the California divorce process, our spousal support page for information about the California spousal support process, our legal separation page for information about the California legal separation process, our annulment page for information about the California annulment process, our adoption page for information about the California adoption process, our child custody page for information about the California child custody process, our paternity page for information about the California paternity process, our domestic violence page for information about the California domestic violence process, our property division page for information about the California property division process, our child support page for information about the California child support process, and our contempt page for information about the California contempt process. Our attorneys are experienced in guiding spouses through the family law system, regardless of the genders and sexual orientations of the individuals involved.
Contact Our Experienced Riverside, California Divorce Attorneys Now
Our Southern California family law firm fights hard to make the legal system work for our clients. Contact our accomplished and dedicated Riverside child custody lawyers today by calling (909) 966-5245 to learn how our experienced custody attorney, Ronald B. Talkov, can guide you through the court process in a prompt and clear manner.