Same-Sex Divorce Attorney in Los Angeles

Three-Time L.A. Times-Recognized Family Law Firm. Serving Los Angeles Since 2009.

Same-sex couples in Los Angeles have the same right to divorce as any married couple under California law. But certain fact patterns (marriages predating 2013, children whose parentage wasn’t formally established, or long-term relationships only recently formalized) can create legal complexities that deserve careful handling. At Claery & Hammond, LLP, we’ve served clients throughout Los Angeles since 2009 and have been recognized three times by the Los Angeles Times Family Law Practitioners feature, one of only 13 firms to receive that distinction. We handle both contested and uncontested same-sex divorce cases, including matters involving property division, parentage, child custody, and spousal support.

California is a no-fault divorce state, meaning either spouse can file citing irreconcilable differences without proving wrongdoing. That lowers the threshold to file, but it doesn’t simplify every issue that may arise along the way.

If you’re considering a same-sex divorce in Los Angeles, call Claery & Hammond, LLP today at (310) 817-6904 to schedule your free initial consultation with no obligation.

Legal Issues Unique to Same-Sex Divorce in Los Angeles

The legal framework for same-sex divorce in California follows the same rules as any dissolution of marriage, but specific circumstances can produce issues that catch couples off guard. Understanding these issues before filing can shape your strategy significantly.

Parentage Establishment

California law extends the marital presumption of parentage to all spouses, including those in same-sex marriages. Under Family Code Section 7540, a child born to spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the marriage, regardless of gender. Even so, parentage can become contested or unclear, particularly when children were conceived through assisted reproduction, born before the marriage, or never made the subject of a formal legal step. When parentage hasn’t been clearly established, those questions must be resolved before child custody and visitation can be addressed in the divorce proceeding.

Community Property & Pre-Marriage Cohabitation

California is a community property state. Assets acquired during the marriage are generally split equally, but assets acquired before the marriage are treated as separate property. For same-sex couples who lived together for years before marriage became legally available to them, this can mean a substantial portion of a shared financial life falls outside the community property calculation. A couple with a 20-year relationship but a 7-year marriage may face a very different property analysis than the length of their relationship would suggest.

Spousal Support Duration

Courts determine spousal support duration based in part on the length of the marriage, not the length of the relationship. A couple married for five years who lived together for fifteen before that faces a materially different support analysis than a couple with a fifteen-year marriage. This is one of the most consequential distinctions same-sex spouses should understand before settlement discussions begin.

Residency Requirements & the Out-of-State Exception

To file for divorce in California, at least one spouse must have lived in the state for six months and in the filing county for at least three months. An important exception applies to same-sex couples who married in California but now live in a state that doesn’t permit same-sex divorce: they can file in the California county where they were married without meeting the standard residency requirement. California’s mandatory six-month waiting period under Family Code Section 2339 still applies after service of the petition before any judgment can be entered.

Summary Dissolution

Summary dissolution is a simplified process available to couples married fewer than five years who have no children together (whether born before or during the marriage, or adopted), own limited property and debt, and meet other eligibility criteria. It is generally faster than a standard dissolution, though the same six-month waiting period applies.

Divorce Process Options for Same-Sex Couples in Los Angeles

There’s no single path through a divorce. The right approach depends on how much the spouses agree on, the complexity of the issues involved, and what each person is trying to achieve. We help clients evaluate their options and choose the process that fits their situation.

• Uncontested divorce: When both spouses agree on all terms, including property division, support, and custody, the case can move through the court more efficiently. The six-month waiting period still applies, but contested hearings are avoided.
• Mediation: A neutral third party helps divorcing spouses work through disputed issues without appearing before a judge. Any agreement reached through mediation must still be reviewed and approved by the court.
• Collaborative divorce: Both spouses and their attorneys agree in advance not to litigate and instead negotiate a resolution through a structured process. It sits between mediation and full courtroom litigation in formality and cost.
• Contested litigation: When spouses can’t reach agreement on key issues, a Los Angeles County family court judge resolves them. We represent clients through every stage of contested proceedings when that’s what the situation requires.

Why Los Angeles Clients Choose Claery & Hammond, LLP

We work with our clients, not around them. That means developing strategy together, keeping you informed at every stage, and building our approach around your goals rather than a generic playbook. You’re not a case number here.

Recognized Standing in Los Angeles Family Law
Founding partner Lance Claery has been rated by Super Lawyers®, selected to Super Lawyers Rising Stars, and named among the top 10 percent of lawyers in the United States by Lawyers of Distinction.

Accessibility & Personal Attention
Attorney Eli V. Hammond is fluent in Spanish and conversational in Portuguese, extending our reach to a broader range of Los Angeles clients. We offer free initial consultations with no obligation so you can get to know our team before making any decisions.

Schedule Your Free Consultation with a Same-Sex Divorce Lawyer in Los Angeles

The decisions made early in a same-sex divorce can affect property, support, and custody issues. We’re here to help you understand your options and pursue an approach that reflects what matters most to you.

Call Claery & Hammond, LLP at (310) 817-6904 or reach us through our online contact form to get started with a free consultation.