• James Chau

California Same Sex Marriage

Updated: Oct 17

So you have to be living under a rock to not know that California is as of today officially allowing same sex marriages. Yes Marriages! Not domestic partnerships but full on marriages.

What this means for people in California is that the court has recognized separate but equal is inherently unequal. Under California’s version of the equal protection clause, California is saying that it is not equal to deny same sex partners denial of marriage rights.

How this pertains to divorce and marriage is that, as heterosexual counterparts, same sex couples must go into marriage with consideration and forethought. Marriage is a serious commitment that should not be taken lightly. Getting married is easy, but getting out of it is harder. Many same sex partners can benefit from a sound prenuptial agreement if they want to keep their assets separate during marriage. As from experience in my San Jose divorce lawyer office, the complications of a same sex divorce are the same if not more for heterosexual counterparts. The same issues of property division, spousal support, child support and child custody all need to be solved before the divorce can be finalized.

If you have any questions please contact my office in Santa Clara County Family Lawyer. I serve Milpitas Divorce and Sunnyvale Divorce also.

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