Same-sex couples are allowed to marry and divorce in California. Unfortunately, despite the legality of it, same-sex divorce can be very complicated, even more so than other divorces. Here are some of the big challenges you should consider if you are heading into a same-sex divorce.
Unless you have been living under a rock for the past month you are no doubt aware that the Obergefell v. Hodges decision guarantees same-sex couples the fundamental right to marry by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Interestingly enough, this decision now gives same sex married couples the right to legally divorce, as well as all of the other benefits that opposite sex married couples have enjoyed forever. So with respect to marital dissolution for same sex couples, how does the long coming change in law affect issues such as division of assets and or custody disputes?