July 21, 2019

Birth certificates are more than just a piece of paper that sits in a file cabinet. Not only are they an important identification document, but they are also commonly needed for divorce cases that involve children, are an important step in the LGBT surrogacy process, and of course come into play during adoption.

California is becoming increasingly LGBT-inclusive when it comes to birth certificates. As we discussed in a previous post, California birth certificates now offer multiple parental options. While there are still two spaces to list parents, the options include not only “mother,” and “father,” but also the gender-neutral “parent.” Additionally, these options can be listed in any combination. Furthermore, birth certificates may be amended if the gender given at birth does not align with one’s gender later in life.

In large part we owe these rights to the 2017 Gender Recognition Act. This law specifically enables “transgender, intersex and nonbinary people to obtain state-issued identity documents that accurately reflect their gender identity, making California the first state to not require people to officially identify as “male” or “female.” Instead, “non-binary” may be chosen. Importantly, this bill also streamlined the process to change one’s gender and name on identifying materials. This progressive law caused a domino effect around the country, with 11 states now boasting similar legislation.

Last year, AB 2490 built on this legislation, so that it may be accessible to folks from all walks of life. Called “Increasing Access to Identification for People Experiencing Homelessness,” this bill removes the $25-$30 fees for homeless individuals when they apply to receive their birth certificate directly from the state. This seemingly small hurdle is actually quite large for those with few financial resources, and this bill helps to reduce it. Yet, fees are not the only barrier. It is also the norm to request birth certificate copies from the county in which one was born. However, for those without a home, they may not know their county of birth. Or if they do know their county of birth, it may not be possible for them to return, because “LGBTQ young people are particularly likely to be experiencing homelessness as a result of family rejection, which can make it unsafe for them to return to their former homes to gain access to their identifying documents.”

Another bill passed last year, “SCR-110 Sex characteristics” also known as “Celebrating Intersex Infants and Families,” focuses not just on birth certificates — but also on medical procedures for newborns. As Equality California explains, “This resolution calls upon the medical community to discontinue medically unnecessary, nonconsensual, and often irreparably harmful sex assignment and genital “normalization” surgeries on intersex infants at birth. Instead, an intersex individual should decide for themselves whether to pursue surgery at all, at an age when informed consent is possible.” This is incredibly important both for intersex individuals, and also as a symbol of the right for one to have autonomy over their own body.

California’s history of progressive LGBT legislation, whether for equitable birth certificates or other causes, is a community effort. It truly “takes a village,” including leaders such as:

• Individual Californians like Miss Major and Evan Wolfson, who have served as trailblazers and public advocates for LGBT rights.
• Nonprofits such as Equality California and the National Center for Lesbian Rights, that push for LGBT rights in legislation.
• California’s LGBT caucus, which ensures that the LGBT community has a voice in politics.
• Countless community members, who participate in local organizing, which is exemplified by the fight for gay marriage in San Francisco and state-wide, which eventually played a large role in Obergefell v Hodges.

Working together, we’ve been able to create progressive laws that lead the nation in LGBT equality. The Gay Family Law Center, based in Los Angeles, is honored to be part of this incredible community. Through our family law practice, we advocate for LGBT individuals when it comes to adoption, LGBT divorce, estate planning, and more. If you’re seeking an attorney that has the LGBT community’s interests at heart, reach out to schedule a free, no-commitment consultation at our West Hollywood or Palm Springs locations.

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May 7, 2019

Are you considering hiring an LGBT child custody attorney in Los Angeles? If so, this post will give you a quick overview of what to expect. As you may know, child custody involves two pieces: legal custody, which is centered on the parent’s legal rights and responsibilities concerning the child; and physical custody, which is centered on where the child lives. Both are part of a larger parenting plan, which spells out all the details between parent-child relationships after a divorce.

Arranging child custody is never easy. To help ease this difficult time, here are a few things to keep in mind as you prepare to work with an attorney.

Expect to talk about your family’s unique circumstances — even the difficult parts

You likely have already guessed that you’ll need to discuss matters such as legal parentage. Which parent/s are biologically related to each child? Have the parent/s who aren’t biologically related completed a second-parent or stepparent adoption? Do the children legally have any other parents, such as from a former relationship?

However, also prepare yourself to share information related to health and relationships. Do you or your spouse have any record of substance abuse? Have there ever been instances of child abuse? While culturally we may be more comfortable sweeping these topics under the rug, honesty is of utmost importance, to ensure a child custody plan that is best for the children.

Expect to plan for the future

Oftentimes during divorce, it can be tempting to focus solely on ending the relationship, with the goal to figure everything else out later. However, when child custody concerns are part of a divorce, planning for the future is an integral component. A main consideration will be the future living situation. This conversation will center on the question “what is in the best interest of the child?” This should take into account the school, hobbies, goals, and other aspects of the child’s life.

These details will all go into the creation of a parenting plan, which will spell out not only custody, but also visitation rights, child support, and more. This is particularly important if either spouse is planning to move out of state, or to another country. California has some of the country’s strongest laws protecting LGBT child custody rights. However, a strong parenting plan that is signed before either spouse moves out of state can also be a strong legal tool.

Expect to make difficult decisions

As mentioned earlier, when determining child custody, the best interests of the child underlines every decision made. This can sometimes mean that the parents must make decisions that are difficult for them at a personal level. For example, it may be determined that joint legal custody and 50/50 physical custody is best for the children, giving them substantial time with both parents. However, this also means that the parents will need to live relatively close to one another, so that the children can attend the same school year-round. If one parent had considered taking a job in another city, or simply desired less interaction with the other parent, this takes a back seat to providing stability in the child’s life.

These are challenging conversations that can bring up a lot of emotions. A skilled LGBT child custody attorney can help guide you through these discussions in an efficient and more comfortable way, but it’s still a good idea to prepare yourself. If you’re considering hiring an LGBT child custody attorney, call us at 855- LAW – LGBT (855-529-5428) to set up a free consultation at either our Palm Springs or Hollywood locations.

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April 21, 2019

There are many divorce lawyers in the Los Angeles area. However, gay families preparing for divorce may wish to consider hiring one that specializes in working with the LGBT community. In this post, we’ll cover a few points that set LGBT-specific divorce lawyers apart.

A deep understanding of LGBT legal complexities

LGBT families often face multiple complexities in divorce proceedings that straight families rarely experience. For example, it is very common for LGBT parents to have a variety of legal parenting situations. Often, one or both parents are not biologically related to the child. Even if both names are on a birth certificate, legal challenges may still arise. Non-biological parents typically must complete a second-parent adoption, stepparent adoption, or another form of adoption. Other considerations that are far more common for gay families include surrogacy, sperm and egg donors. Attorneys who specialize in LGBT family law are skilled at navigating those complexities.

The nuances and legalities of divorce between those who are married, those who are domestic partners, or those who are both is another LGBT-specific arena. A deep knowledge in these areas is critical to ensure that the divorce proceedings are handled without error.

Finally, it’s important that your divorce attorney is familiar with LGBT-specific language. Legal vocabulary is a language of its own. In some ways, so is language for the LGBT community. This can include gender pronouns [he/his; she/her; they/theirs], vocabulary for partnerships and other relationships, and more. An attorney must use precise vocabulary in order to correctly identify you and your partner, and process the LGBT divorce appropriately.

Protection from discrimination

While California is a relatively liberal state, particularly in metropolitan areas including San Francisco and Los Angeles, LGBT discrimination in our culture, as well as our court system has not yet been eradicated. For example, here in Los Angeles, a recent lawsuit was brought against the California State Patrol for LGBT discrimination. This is just one small example of pervasive discrimination that continues to affect every aspect of life, including divorce proceeding. A skilled and knowledgeable LGBT divorce attorney will be familiar with instances where discrimination may appear, and be able to prevent and buffer the effects.

Empathy and shared values

An attorney who specializes in LGBT family law will be familiar with the ongoing struggles our community has undergone in order to obtain legal rights and protections. They’ll know the story of the journey to gay marriage, and how it’s affected the LGBT community both here in California, and nationwide. They’ll empathize with the joy that rights new to the LGBT community bring– such as seeing both parents names on a birth certificate, and adopting a child. When planning for something as life-changing as a divorce, this perspective is important.

At the Gay Family Law Center, we treat all our clients, regardless of sexual orientation or gender, with the utmost respect. You can rest assured that you’ll be working with a friend and an ally. We’re proud to be part of the LGBT community, and share that pride with you. If you’d like to chat about whether one of our staff is the right LGBT divorce attorney for you, call us for a free consultation.

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April 7, 2019

On most folks’ to-do lists, LGBT estate planning generally doesn’t fall near the top. However, it is an important part of life planning, in order to protect yourself and your loved ones should something happen to you. It is particularly critical for LGBT individuals and families, because research shows they are more vulnerable for several reasons. Let’s take a closer look.

In last year’s AB-2719 Bill in California, LGBT elders were specifically identified by the legislature as “higher risk” when compared to other elders. Several factors were taken into account. It was found that LGBT elders were more likely to be isolated, and to have smaller social networks. Additionally, they tend to have lower incomes and net worth than their straight counterparts, making them more financially vulnerable.

The cause of these trends can be hypothesized when considering the historical context. LGBT elders today were raised in the 1940’s through the 1960’s. During that time period, attitudes toward the LGBT community was enormously different than today. “Out” lesbians, gay men, bisexuals, and other queer individuals were often ostracized from their families and communities, and were denied basic rights such as healthcare, housing, and employment. Of course, gay marriage was not legalized nationwide until the 2015 ruling of Obergefell v Hodges, so the legal and financial benefits of marriage were also out of reach.

Though we have made significant progress in recent decades, LGBT discrimination still resides in our laws, as well as in our cultural norms and behaviors. This affects every aspect of life, including estate planning, end of life care, and other aspects of LGBT elder life. For example, a recent lawsuit in Missouri addressed a case where a lesbian couple was denied residency in a senior care home. While this is a particularly egregrious example of discrimination, it can appear in many hidden, covert ways. A strong LGBT estate plan can help prevent this.

Lastly, a new study out of the UCLA Center for Health Policy Research found that LGBT individuals were more likely to delay seeking health care when experiencing illness. The research suggested that this was likely caused out of fear of discrimination, which often prevented folks from contacting a doctor until an illness had become a crisis. This frequently resulted in a higher risk of dangerous health conditions: “our study shows bisexuals have among the greatest need for regular health care, but are the least likely to get it,” said researcher Joelle Wolstein.

A strong LGBT estate plan, which may include wills and trusts, end of life planning, power of attorney determination and more, can help reduce these risks. It will help ensure that your relationships are not questioned, your assets are protected, and your health and finance decisions are respected. Of course, it also helps ensure that your loved ones face less stress during your illness or death. This peace of mind is invaluable.

If you’re considering hiring a Los Angeles LGBT estate planning attorney, call us for a free, no-commitment consultation at either our Palm Springs or Hollywood locations.

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March 21, 2019

You probably knew that our firm specializes in LGBT family law. This includes things like LGBT divorce, child custody, estate planning and more. But did you also know that our firm offers completely free, no-commitment consultations at both our Palm Springs and West Hollywood locations?

If you’re considering hiring an LGBT divorce attorney, whether at our firm or another, here are three questions to consider during your consultation.

Do I need a divorce attorney?

Each LGBT divorce case is different, and not all cases will require an attorney. There are many variables, such as the complexities of your financial, legal and parenting situations (i.e. any debt or assets to be divided) and whether legal parentage has been determined for all parents. Another consideration is determining the likelihood of future disputes with your spouse. If you anticipate that a spouse may become uncooperative, having legal counsel is highly recommended to protect yourself and any children involved. Additionally, you’ll want to consider how much time and effort you are willing to put into divorce proceedings yourself. When meeting with a potential attorney, be prepared to discuss these and other details relating to your specific situation, which will help the attorney determine whether you will need legal counsel or not.

What documentation will I need to prepare?

If you hire an attorney, they will handle much of the legal paperwork, but you’ll also need to gather some documentation from different areas of your life. Some may be obviously needed, such as LGBT prenuptials or postnuptials. However, other documentation may be nuanced and less obvious, such as documents relating to finances and property, or evidence you will need to support a proposed parenting plan. Oftentimes, documentation for divorce can take weeks or months to acquire, and it’s a good idea to get a head start so that divorce proceedings can move along in a timely manner. An experienced LGBT divorce attorney can walk you through each type of document you will need.

What will the divorce process be like?

While there are some standards that all divorce proceedings will entail, such as a 6 month minimum time frame, there can also be a wide variety of processes depending on your unique situation. For example, if you’ve been married fewer than 5 years, and meet a few other requirements, you may qualify for a “summary dissolution,” which is relatively simple and easy to put together. On the other hand, if you will need to resolve disputes, create a parenting plan, or have complex assets and liabilities, additional steps will need to be taken. Ask your attorney about a general timeline, and any deadlines you should be aware of. This is helpful not only so that the divorce moves along in a timely manner, but also so that you can plan your own schedule, and can be prepared for any time-intensive periods or court appearances.

While all of these questions may not be answered in their entirety during a free consultation, it is a good place to start. If you have any special circumstances that may impact your divorce, be sure to bring those questions as well. Call us today at (855) LAW-LGBT to set up a meeting with one of our experienced and skilled LGBT divorce attorneys.

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March 7, 2019

A divorce touches nearly every part of one’s life, including finances, living situation and daily routines. For LGBT divorcing couples with children, additional considerations must be made. Divorce proceedings can be complicated, and most people have never navigated them before, so it’s good to be prepared. In this post, we’ll cover a few of the legal terms that you’ll encounter during this process, to help get you get started.

Best interest

Every decision made during the divorce process that could impact the couple’s children should begin and end with considering what is in the “best interest” of the child. In simple terms, this means putting aside what either parent may prefer, and focusing on what will be good for the children. In fact, this is the main factor the judge will take into account for any decision affecting children. In some cases, this may mean inconveniences or difficult compromises for a parent (i.e. staying in relatively close proximity to an ex so that the child can remain at the same school).

Legal parentage

Just as marriage comes with a set of legal rights and responsibilities, legal parentage does as well. It means more than just acting as a parent, and instead is a legal status indicating that you are legally responsible for the child. For LGBT couples, this is particularly important as it is likely that at least one parent will not be biologically related to the child. For non-biological parents, being listed on the birth certificate does not guarantee legal parentage. Instead, other steps must be taken, such as a second-parent or stepparent adoption. During divorce proceedings, legal parentage is of utmost importance, and will play a role in determining custody. However, if legal parentage has not been established, you still have options. We suggest contacting an attorney to learn more.

Parenting plan

The parenting plan is the key legal document that will spell out what the child-parent relationships will look like after the divorce. For example, it will include details about legal custody, which as we discussed in a previous post, “determines whether a parent is legally responsible for the child, and is entitled to make decisions for them,” as well as physical custody, which determines where the child will live. It will also include financial details such as child support, visitation specifics, parenting preferences (i.e. religion, discipline, internet usage, medical treatment) and more. It is a court order, which means legally it is very strong. It can be utilized out-of-state, so long as it was signed before the parent left CA.

Visitation

Visitation is essentially a set schedule for when the child will spend time with each parent. It is one of the items included in the aforementioned parenting plan, and is primarily based on the best interest of the child, with the goal to keep their life as safe, healthy, and stable as possible. The visitation plan will take into account things like which school they attend, extracurricular activities and hobbies they take part in, and more. This plan will not only spell out specifics about which days the child spends with each parent, but can also include logistical details such as who is responsible for transportation, exact timing for visits, and more. To learn more, see our post on child visitation plans.

Primary custodian

In some cases, it will be determined that it’s in the best interest of the child to spend most or all of their time living with one parent. In other words, this parent is considered “home base” in a shared custody situation. This is often the case if one parent moves far away, or is deemed less fit to take care of the child on a regular basis. In those cases, the child could have a specific visitation schedule to visit the other parent (who is not the primary custodian), such as on weekends or on some holidays. Note that a primary custodian is different from sole custodian, in which case the other parent does not have visitation rights.

Divorce proceedings for LGBT families can be particularly sensitive due to the potential complications of legal parentage, as well as the complex legalities regarding LGBT parents overall. We invite you to set up a free, no-commitment consultation with our skilled attorneys, who specialize in LGBT family law. Call (855) LAW-LGBT to set up an appointment at either our West Hollywood or Palm Springs location.

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February 7, 2019

Going through a divorce is a stressful and draining experience. For LGBT individuals, having an attorney that specializes in LGBT family law can make an enormous difference, easing some of the difficulties of this challenging time. Here are three of the top reasons why you’ll benefit from hiring a gay divorce lawyer.

Bias in the legal system still exists

Despite well-meaning intentions, unconscious bias still affects the judgement of most people, including even those meant to be the most objective, such as judges and juries.

For example, just this year, a court in Washington State was found to have discriminated against a mother, who had realized she was a lesbian, and divorced her husband. The court had given custody of her children to her ex-husband solely because of her sexual orientation, despite the fact that she had been a stay at home mom for years. Fortunately, Rachelle appealed and the decision was overturned–but not until it was brought to the Washington State Supreme Court.

These types of biases continue to appear at times in gay divorce cases, but LGBT divorce attorneys are familiar with how to safeguard against them.

A welcoming community makes a world of difference

You are not always going through life’s easiest experiences when you’re in need of an attorney. A welcoming feeling of safety and inclusion when you walk through the doors of your attorney’s office can have a big difference on your energy levels. Having a lawyer that specializes in gay divorce can help ease some of the stress that ending a relationship entails.

Our attorneys ensure that lesbian, gay, bisexual, queer, and transgender folks are treated with the same respect and have access to the same high quality of legal services as heterosexual individuals.

LGBT family law is not simple. You need an expert who can navigate the nuances of the legal landscape.

While most heterosexual couples have had access to marriage for a lifetime, it is a relatively new right for the LGBT community. This means that LGBT couples going through a divorce are more likely to have additional complicating factors.

For example, they are more likely to have co-habited for years before getting married, perhaps acquiring assets and debts together before saying “I do,” making division of those items complicated in the case of divorce. LGBT divorce attorneys can advise on when it may be necessary to use legal devices such as Marvin Actions to ensure the best outcome for you.

Additionally, many states outside of California have weaker anti-discrimination laws, so it is prudent to build safeguards into common agreements that will be settled in a divorce, such as parenting agreements. LGBT divorce lawyers are aware of where legal weaknesses are most likely to appear, and can use that knowledge to build strong, binding agreements that will hold legal weight regardless of where you may end up living in the future.

In sum, hiring an LGBT divorce attorney will help ensure that you have the best possible outcome as you navigate your divorce. You can rest at ease, knowing that someone with expertise in LGBT family law is advocating on your behalf. Contact us to learn more.

Photo by Nicola Fioravanti on Unsplash

September 10, 2018

Throughout the history of California’s dynamic LGBT rights movement, domestic partnership and marriage laws have changed dramatically. In California, statewide domestic partnership was legalized in 1999, over a decade before gay marriage was fully legalized in the state in 2013. Today, domestic partnership is only available to non-heterosexual couples and straight couples where at least one person is 62 or older. Even though Obergefell v Hodges brought the right to gay marriage in all 50 states in 2015, some couples still prefer domestic partnerships for a variety of reasons. In this post, we’ll cover several key questions to ask when ending a gay domestic partnership through divorce.

Should we end our partnership through divorce, annulment, or legal separation?

As mentioned, domestic partnerships at the California state level are essentially treated the same as a marriage within the state. Therefore, like marriage, it may be ended through divorce, annulment, or legal separation. In legal terms, a divorce is also called a “dissolution,” and it has multiple steps and requirements. It legally and completely ends the domestic partnership. Legal separation offers some similarities to divorce, such as division of assets, but the couple technically remains legally bound. In contrast, to annul a domestic partnership means to prove that it was never legal in the first place. For more details on the differences between these three, please see our previous blog post.

Do we meet the residency requirements?

If your domestic partnership was originally filed in California, there are no residency requirements–you may file for dissolution regardless of where you are living. For many domestic partners, they both filed for their domestic partnership in California, and continue to live in California. This means all residency requirements are met. However, if you move to another state, and file for dissolution there, it means that the court may have limited jurisdiction on decisions about child custody, division of assets, and more. Therefore, it is advisable that you contact an attorney.

If instead your domestic partnership was originally filed in another state, you must have lived in California for 6 months, and in the county where the dissolution will be filed for 3 months.

Can we agree on how to dissolve the partnership?

Ending a relationship involves many difficult decisions, including how to divide shared assets (such as real estate) and liabilities (such as credit card debt). If children are involved, it involves decisions around custody and visitation. If couples are able to come to an agreement on all these points and more, they may not need to stand in front of a judge in court. Instead, they may be able to use a mediator.

Is there a simplified process?

For couples who have been domestic partners for less than five years, and who meet the requirements under section 299 of California Family Law, a simplified dissolution process may be available to you. Generally speaking, this process is only available to those who will have a very simple dissolution, with “no children, no real property, very few assets or debts, and a written agreement on dividing their property, in addition to other restrictions,” as explained by the California courts. For those couples, instead of full dissolution proceeding, they may simply file a “Notice of Termination of Domestic Partnership” with the California Secretary of State. Couples that are both married and in a domestic partnership can also file this simplified notice if they meet similar requirements.

Do we need an attorney?

The process of dissolving a domestic partnership can be complicated, especially if the couple cannot come to an agreement on how to proceed. If you anticipate any possible disagreements, particularly with regards to custody and visitation plans, or if your assets and liabilities are complex, we highly recommend hiring an experienced lgbt divorce attorney.

The Gay Family Law Center is experienced with working with LGBT families in family law. Our highly skilled and compassionate attorneys can work with you to ease the challenging process of ending a relationship. Contact us to set up a free consultation.

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August 31, 2018

Over the past several decades, the use of prenuptial agreements has multiplied, as more couples realize their usefulness. Yet, some engaged couples shy away from them due to the myth that they encourage divorce. In this post, we’ll dive into the history of prenups, and whether they are linked to divorce rates.

What are prenuptial agreements?

Prenuptials are legally binding contracts that a couple writes and signs before marriage (those signed after you are married are known as postnuptials). Essentially, they spell out how assets and liabilities will be divided, as well as instructions for care of any dependents, such as children, will be handled in case of divorce. For example, prenuptials may include how to divide a mortgage, what to do with one spouse’s inheritance from a grandparent, and how any real estate might be shared.

The history of prenuptial agreements

Different types of prenuptial agreements have existed for thousands of years, as a way to manage economic relations between families and to protect individuals from poverty in the case of marital disagreements or the death of a spouse. In more recent history, prenuptials in the United States were critical to protect women, who held no property rights outside of their marriage until the passage of a series of laws known as the Married Women Property Acts in the 19th century. Prenuptials were meant to offer some form of protection for the woman, should something happen to her husband or the marriage, so that she would not be left penniless. Often, only wealthy families would utilize this type of “marriage insurance.”

However, as marriage has become a more equitable partnership, prenuptials have become more common, and are a useful tool for any marriage, even those without significant wealth. Further, many states, including California, are “community property” states, meaning that all liabilities and assets accumulated during the marriage are split 50/50 in the case of divorce. For many couples, this may not be the ideal situation, so prenuptials are particularly important.

Do prenuptials encourage divorce?

In short, no, they do not. In fact, they often have the opposite effect. While many may feel apprehensive about prenuptials, feeling that it may indicate a lack of commitment to the marriage, a recent study found that it can have very positive effects on a healthy marriage.

Prenuptials require that a couple sits down together and works through all the big aspects of their present and future shared responsibilities together. They must work together to answer questions such as “Will we buy a house?” “Do we need wills and trusts?” “how will we handle our student loans?” “What is important to us for raising children?” and “How should we grow and handle our wealth?”

In rare cases, couples may find that they have big differences in opinion. Working through those differences before a couple is married can be helpful in preventing future disagreements and even divorce. Also, while the LGBT community won the nationwide ride to marriage in 2015 with Obergefell v Hodges, other legal rights are still evolving. Therefore, it is particularly important for LGBT families to consider investing in a strong prenuptial agreement, to ensure that they are sufficiently protected and start their marriage with their best foot forward.

Conclusion

Rather than predicting divorce, instead prenups can be very positive, helping a couple to talk through and build a solid foundation for their marriage. Working with an experienced attorney can help make the experience efficient and smooth, as well as ensure you don’t miss any key pieces. The Gay Family Law Center is a LGBT family law firm. Contact us to set up a free consultation with one of our experienced attorneys to see if we’re the right fit for your family.

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July 15, 2018

Over the past century, marriage has evolved significantly. Not only has our thinking about what makes a “good” marriage evolved, but the laws that regulate the requirements, responsibilities, and benefits of marriage have also changed. One major change has been how divorce is perceived and handled, including the introduction of the “no-fault” divorce. In this post, we’ll briefly introduce the concept of no-fault divorce, where it originated, and how it impacts the LGBT community.

What is a no-fault divorce?

Simply put, a no-fault divorce means that there does not have to be a reason for the divorce. It is not necessary to prove that one partner mistreated the other, had an affair, or any other reason. Instead, at least one partner must simply claim that the relationship has “irreconcilable differences.” In other words, the couple simply does not get along. Only one person needs to claim that the marriage is irreconcilable; it does not matter whether the other person agrees or not. In most cases, it also does not matter which person filed for divorce (known in legal terms as the “petitioner”). The Court should treat both parties equally, regardless of who is the petitioner.

The origin of no-fault divorce

Historically, marriage was treated as a contract with economic ramifications. Like many other legally binding contracts, in order to terminate the contract, signatories had to prove that at least one of the parties broke the rules of the contract. In the U.S., marriage contracts could only be broken in very specific ways. For example, if one spouse had an affair, there may be grounds for a divorce. However, this meant that one person had to legally carry the blame, or the “fault” for ending the marriage, and that fault had to be proven. This was often incredibly difficult.

During the 20th century, values of what constituted a good marriage shifted dramatically, with love and companionship gaining importance. In order to remain relevant and aligned with modern social values, the legal institution of marriage evolved. As part of this evolution, in 1970 California was the first state to enact no-fault divorces, which removed the requirement of proving that one person had broken the marriage contract. This provided several benefits that aligned with the social values of the day. First, it protected the reputations of both people–no one had to shoulder the blame. Second, it allowed a safer way out of marriage, especially for victims of domestic abuse. Third, it reinforced the importance of values that treated marriage more as a loving partnership rather than an economic union.

Other states followed suit, though some opted for only partial no-fault status, where the option of placing the fault on one spouse was still available. The last state to jump on board was New York, in 2010. Currently, 17 states and the District of Columbia are fully no-fault, without an option of choosing an at-fault divorce proceeding. Other states offer multiple divorce options.

How does this affect my LGBT family?

Since Obergefell v Hodges legalized gay marriage nationwide in 2015, LGBT couples are treated essentially the same as heterosexual couples when it comes to no-fault divorce. Everyone faces the same waiting period of a minimum of 6 months, and everyone must conform to the same requirements. However, despite all the progress we’ve made for LGBT family law, bias and discrimination still exists, even in the court system, as exemplified in the recent case in Washington State where a woman was denied child custody during a divorce because of her sexual orientation. Luckily, this case was later resolved. The no-fault divorce means that fewer divorces end up in court in front of a judge. This shifts the decision making power to the individuals within the marriage, who can decide for themselves if the marriage is no longer working, rather than working to prove to a judge that one party has done something wrong. So, allowing individuals more control over this aspect of their lives means that they are less likely to face that discrimination.

Even though no-fault divorces can help simplify the divorce proceedings, they can still be quite complicated, with estate management, parenting agreements, and child support negotiations, among other issues, so many still opt to hire a divorce attorney.

Our local attorneys specialize in family law for lesbian, gay, transgender and queer families. If you’re considering hiring a Los Angeles-based attorney for divorce, contact us to set up a free consultation to see if we may be the right fit for you. We have convenient offices in both West Hollywood and Palm Springs.

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