Ever since 2015, when the landmark Supreme Court decision Obergefell v. Hodges made same-sex marriage legal in all 50, the LGBTQ+ community has enjoyed the same rights to marriage as their straight counterparts. With same-sex marriage came the prospect of same-sex divorce, same-sex separation, and same-sex adoption. Today, members of the LGBTQ+ can raise families without legal barriers that were once in place. In this article, the Sacramento, CA, family law attorneys at Wagner Family Law will discuss some of the unique challenges that still face LGBTQ+ couples today.

Your Marriage Equality Rights

Since Obergefell v. Hodges, marriage equality for LGBTQ+ couples has been a fact of life. The ruling ensures that same-sex couples have the same marriage rights as opposite-sex couples. Such rights include:

• The right to marry in any state - Same-sex couples can legally marry in any state in the U.S. without fear that their marriage will be nullified by state laws.

• Recognition of your marriage across the country - Marriages performed in any state are recognized nationwide. This ensures that couples do not lose their marital status or rights when they travel between states. 

• Access to federal benefits and protections - Same-sex married couples are entitled to the same federal benefits as opposite-sex couples. This includes tax benefits, Social Security benefits, and immigration rights. 

• International recognition - If one partner is a foreign national, marriage rights can form a pathway to immigration benefits such as a spouse visa. 

Special Considerations for Same-Sex Divorce

Same-sex divorce is mostly similar to opposite-sex divorce, with a few notable exceptions. There are some considerations that are unique to LGBTQ+ marriage. In any divorce, the length of the marriage is extremely important for determining what assets belong to the marital estate and for calculating alimony payments. The date the marriage began establishes when assets purchased by the couple start to become “marital property.” Any assets that were acquired during the marriage are considered property of the marital estate. 

However, same-sex couples have only had marriage rights since 2015. That means that the oldest LGBTQ+ marriages are less than 10 years old. However, what happens if you cohabitate with your partner prior to having your marriage rights formalized? What if you had a civil union? When does the marriage date begin for the purpose of determining which assets belong to the marital estate? These are all questions that are best answered by a skilled Sacramento family lawyer.

Child Custody and Child Support for LGBTQ+ Marriages

Many LGBTQ+ couples will decide to have children using a surrogate or through the adoption process. In some cases, the biological parents will be involved in the child's life. Recent changes to California law now allow a child to have more than two parents. In the case of a divorce, this means that custody could be divided among three or more parents as opposed to two. It also means that child support might be paid by two parents as opposed to one. A Sacramento, CA, child custody attorney can help you navigate the complexities of such arrangements. 

Canceling a Registered Domestic Partnership

In 2005, California's Family Code was amended to make registered domestic partners and married couples virtually the same in the eyes of the state. This allowed gay and lesbian couples to enjoy the legal benefits of marriage before gay marriage was legalized in 2015. 

Domestic partnerships and marriages share several similarities. The process to dissolve either involves the same divorce court procedures. The Sacramento, CA, divorce lawyers at Wagner Family Law can help you with the process of dissolving your domestic partnership. 

Some domestic partnerships can be dissolved using a simplified process. The petitioner would simply file a Notice of Termination of Domestic Partnership with the California Secretary of State. To qualify for the simplified dissolution process:

• Both parties must want to end the relationship (mutual consent)

• No children were born to either party; neither party is currently pregnant

• Excluding cars, the couple owns less than $38,000 in assets

• Neither party owns any land or buildings

• Excluding auto loans, the couple owes less than $6,000 in community debt

• Neither party expects to receive support from the other (alimony)

Same-Sex Adoption

The State of California allows same-sex couples and LGBTQ+ individuals to adopt a child. California also permits a same-sex partner to adopt their partner's child or a child of the relationship. Understanding your role in the adoption process is crucial to understanding your rights as a prospective parent. The LGBTQ+ adoption lawyers at Wagner Family Law are more than happy to guide you through the adoption process, whether you are adopting a child from an agency or adopting your partner's child.

Different types of adoption include:

• Joint adoption - When a same-sex couple jointly adopts a child.

• Stepparent adoption - When one partner of a married same-sex couple adopts the other partner's biological or adopted child.

• Second-parent adoption - When one partner of a same-sex couple adopts the other partner's biological or adopted child.

• Single-parent adoption - When a single individual adopts a child. 

Additionally, a new California law has streamlined the adoption process for LGBTQ+ couples who have children during their relationship. The law allows couples who were married or registered as domestic partners at the time one partner gave birth to use a streamlined process to protect the non-birth parent's rights. This only applies when one of the spouses or partners gives birth to a child. Those using surrogacy to have a child will need to follow a different process. This new law is part of the Modern Family Act (AB 2344). It went into effect on Jan 1, 2015. 

Talk to a Sacramento, CA Family Law Attorney Today

Wagner Family Law represents the interests of the LGBTQ+ community in providing expert representation unique to your interests. Over the past decade, we have helped 100s of LGBTQ+ individuals tie the knot, untie the knot, and adopt a child. Call our office today to schedule an appointment, and we can begin discussing your next steps immediately.