A recent California law was passed allowing same-sex couples who were married in California before Proposition 8 to get a divorce. The new law will go into effect in January 2012 and provides for couples who reside in states other than California but were married in California to legally divorce in accordance with California law.
The law solves a problem that many same-sex couples have been having in that states that have not legalized same-sex marriage won’t allow for same-sex divorce either, arguing that that implicitly grants an official recognition of the marriage. The issue is further complicated by the domicile rule which states that ordinarily couples can only be divorced in the state in which they reside. The purpose of this century-old rule is to prevent one of the divorcees from declaring the divorce in a state in which the legal climate is more favorable to their situation than the state in which they reside.
There are still many issues facing same-sex couples looking for a divorce that were married in California but don’t reside there, but for couples that have already reached a private settlement agreement this will allow them a formal dissolution and some semblance of closure.
For more information, the text of the article can be found here: SB 651.
If you or someone you know is in need of professional representation in a divorce, custody or any other family law situation, don’t hesitate and call the attorneys at the Law Offices of Bowman and Associates at 916-923-2800.