Home » Law and Legal Articles » New Law Opens California Divorce Courts to Out-of-State Couples
New Law Opens California Divorce Courts to Out-of-State Couples
California's new law allows gay couples who married in California, but now live in a state that will not grant them a divorce, to get a divorce in the county in California where they were married.
January 20, 2012 /Law and Legal PR News/ -- New Law Opens California Divorce Courts to Out-of-State Couples
Married couples generally only divorce in the state in which they reside when they end the marriage. This is known as the domicile rule, and was designed to protect the interests of both spouses so that one spouse could not obtain a divorce in a different state (perhaps one with less stringent spousal support obligations, for example) than in which the married couple resided.
However, this law presents problems for some married couples when the law in the state in which they are living at the time of the break up doesn't recognize their marriage and thus refuses to grant a divorce. Such is the case for many gay couples who were married in states that recognize gay marriage, but live in and wish to divorce in a state that does not.
For example, if a same-sex couple married in California and subsequently moved to one of the majority of states that does not recognize gay marriage, it may be impossible for that couple to get divorced. In many of these cases, the couples simply want a divorce, and have mediated or otherwise resolved some of the typical divorce issues such as division of assets and debt. Despite this, judges in some states will not grant the divorce because doing so would acknowledge the gay marriage as legitimate. Thus many same-sex couples seeking divorce are left without the option of remarrying and may continue to have liability for the other spouse's debts.
New California Law Addresses Difficulty Obtaining Same-Sex Divorce
The state of California, recognizing this problem, has passed legislation that allows couples who married in California, but who now live in a state that will not grant them a divorce, to get a divorce in the original county in California where they were married. In those cases, the California court retains jurisdiction and will grant the dissolution.
The new law goes into effect in the beginning of 2012. There are some unresolved issues, such as how to resolve certain property division and other issues when the spouses are not residents of the county in which they get a divorce. However, this new law provides relief for many same-sex couples married in California and seeking divorce.
For those seeking divorce, especially as a same-sex couple, discuss your situation with an experienced family law attorney familiar with issues facing same-sex couples.
Article provided by Holstrom, Sissung, Marks & Anderson, APLC
Visit us at www.cucamongafamilylaw.com
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