Laws governing marriage and divorce vary from state to state, including whether the jurisdiction recognizes a same-sex union. Just recently, the United States Supreme Court refused to hear any cases on same-sex marriage from the lower courts, enhancing the momentum of the legalization of gay marriage. In fact, there is speculation that this inaction could lead to the legalization of same-sex marriage in 30 states throughout the country. But history has shown that not all marriages last, no matter what the orientation of the couple. And while the laws addressing the marriage of same-sex couples seem to be continuously evolving, the same cannot be said for divorce. Divorce is complicated, no matter who you are. In order to effectively protect your rights, it is imperative that you contact an experienced family law attorney with knowledge of the laws and procedures affecting couples in and around the San Diego area.
California is one of the states that recognize same-sex marriage. Just this past year, Governor Jerry Brown signed a state Senate bill to officially repeal the state’s ban on gay marriage and reflect federal court decisions. According to news reports, the Governor signed Senate Bill 1306, written by State Senator Mark Leno (D-San Francisco), which redefines marriage in the California Family Code as a contract between two persons regardless of sex. One article explains that the legislation will amend language used in California’s laws by removing “outdated and biased language.” The statutes will replace references to husband and wife with gender-neutral language, such as “spouses” or “married persons.” The Bill will go into effect in January 2015.