We understand the unique legal considerations involved
Because there are frequently special circumstances in same-sex marriages, domestic partnerships, and non-marital relationships, it is important to work with a firm that is experienced in addressing these unique issues. At West Coast Family Mediation Center, we are familiar with the specific legal considerations of same-sex marriages and dissolutions, and we stay on top of the ever-changing legal landscape involved.
If you are seeking to dissolve a same-sex marriage and/or domestic partnership, we can help you understand what steps you need to take to make sure it is done properly. We can also mediate any issues between you and your spouse, to help you resolve your differences amicably.
Dissolving a same-sex marriage
The process of dissolving a same-sex marriage is no different than dissolving a heterosexual marriage. However, because same-sex marriage has only been legalized nationwide since 2015, many same-sex partners had cohabitated long before they were able to legally wed. This can create issues not usually present in other divorce cases, such as property that may have been purchased prior to your date of marriage. Additionally, if you were together longer than the length of your legal marriage, then the length of time for spousal support may need to be discussed differently.
Dissolving a domestic partnership
If you are in a Registered Domestic Partnership and you would like to dissolve that relationship, you must take legal action to do so. We have met couples in a domestic partnership who mistakenly believed that their partnership was not, in fact, legally binding. We have also worked with couples who had remarried in another state and had a child with their new spouse, all while unaware that they were still legally tied to their former domestic partner. These scenarios can cause serious legal ramifications. For example, in the case of the second situation, a marriage entered into with one person while still bound in a domestic partnership with another person is not legally valid. And since the marriage is not valid, the child’s parent would legally be presumed as the former domestic partner, not the new spouse.
The legal process for dissolving a same-sex marriage in California is generally the same as for any other marriage. However, some same-sex couples may face additional considerations, particularly if they lived together or acquired property before they were legally able to marry. These circumstances can make issues involving property division, support, and the length of the relationship more complex.
Yes. Same-sex couples can use divorce mediation to work through issues such as property division, spousal support, parenting plans, child support, and other terms of their divorce. Mediation allows couples to address these decisions outside of traditional divorce litigation and work toward agreements that reflect their individual circumstances.
Property acquired before marriage may require additional analysis during a divorce, particularly for couples who were together for many years before legally marrying. How an asset is characterized and divided can depend on factors such as when it was acquired, how it was titled, how it was paid for, and whether there were agreements between the partners.
The legal length of the marriage is an important consideration when determining spousal support in California. For same-sex couples who were together long before they could legally marry, the history of the relationship may also become an important topic during mediation. A mediator can help couples discuss support arrangements that take their individual circumstances into account.
A California registered domestic partnership is a legally recognized relationship and generally requires a formal legal process to end it. Depending on the circumstances, a couple may need to pursue a dissolution through the court or may qualify for a more streamlined process. Mediation can help partners resolve financial, property, support, and parenting issues associated with the end of the partnership.
Simply separating does not necessarily terminate a registered domestic partnership. If the partnership was never legally dissolved, you may still be legally connected to your former partner. This can create complications involving future marriages, property, finances, or children, making it important to determine the legal status of the partnership.
Yes. Mediation can help registered domestic partners resolve many of the same issues that arise during divorce, including division of assets and debts, financial support, and parenting arrangements. A mediator can also help the parties understand the steps necessary to formally end the partnership.
California does not recognize common law marriage simply because a couple has lived together for a certain amount of time. However, unmarried partners may still have rights or claims involving jointly owned property, shared finances, or agreements made during their relationship. The outcome depends heavily on the couple's individual circumstances.
A Marvin action is a legal claim that can arise after an unmarried couple breaks up. Named after the California case Marvin v. Marvin, these claims may involve agreements between partners regarding property, financial support, or other assets accumulated during the relationship. Marvin claims can be complex, which is one reason some former partners choose to attempt mediation before pursuing litigation.
Yes. Unmarried couples can use mediation to negotiate how they will divide jointly owned property, financial accounts, debts, personal belongings, and other shared assets. Mediation can provide a structured way to reach an agreement without immediately pursuing a potentially costly Marvin action or other litigation.
If an unmarried couple owns a home together, separating can raise questions about ownership, equity, mortgage obligations, reimbursement for contributions, and whether the property should be sold or retained by one partner. Mediation can help the couple evaluate these issues and negotiate an agreement for handling the property.
Mediation may be appropriate when both parties are willing to participate in the process and want to resolve their disagreements outside of court. It can be particularly useful when couples need to address property, finances, support, parenting arrangements, or circumstances that do not fit neatly into a traditional divorce framework.
Dissolving a non-marital relationship (Marvin Actions)
In most states common law marriage laws do not apply. California does not recognize common law marriages as valid. This can make the division of assets after a nonmarital breakup complicated—and contentious. A Marvin action is an action to help couples divide assets jointly obtained during a period of cohabitation, but not marriage.
Marvin actions can be very complex and expensive. For this reason, it is always a good idea to attempt to work through your differences before you consider a Marvin action. With our extensive legal education and experience, our mediators understand the ins and outs of a possible Marvin action and how it may impact your specific case.
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"Thank you for your professionalism and neutrality for helping us solve our issue Amanda. It is a huge relief to have it settled. I still hope in the end my ex and I will be friends again."
