Same Sex Couples Can Divorce in 2012 With New California Legislation
Orange County, CA (Law Firm Newswire) November 22, 2011 - The California Legislature recently passed a bill to allow gay couples to get divorced. SB651 will go into effect in January 2012, and for same sex couples that got married in California in 2008, it will provide them with a way to dissolve their marriage. Back in May 2008, California briefly upheld the ability of same sex couples to marry, but by November of that same year Proposition 8 banned gay marriages. Around 18,000 gay couples were married in California during this time.
“As with any marriages, sometimes later on people find they have differences that cannot be resolved and divorcing is the only way for them to move on,” said Orange County divorce lawyer Gerald Maggio. “SB651 gives people a way to end their marriage and pursue the next chapter of their life with a clean slate.”
Before SB651 was passed, same sex couples that had moved out of California were finding it close to impossible to get divorced due to century-old domicile rules. In many states, if same sex marriage is illegal, so is divorcing. These people were not allowed to initiate divorce proceedings and did not necessarily want to run back to California.
“What SB651 does is to give gay couples the ability to get divorced according to California law and the divorce will be filed in the county where they were married,” said Maggio. “So the couple can be in another state and file in the California County to get an order of dissolution.”
As with all divorces, there are negotiations for the equitable distribution of assets, debts, real property, and debts. If the couple already has agreed on what the terms should be, the couple can expedite the divorce. Divorce is the only way for a same sex couple to not be responsible for the other spouse’s liabilities, so it is important that they get qualified legal counsel to ensure that the documentation is done thoroughly and will be approved by a divorce judge.
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