Same-Sex Divorce in Pasadena

56 Years of Family Law Experience. Personalized Representation for Every Client.

Same-sex couples navigating divorce in California face the same legal framework as any divorcing couple, but distinct issues around property dating, parentage, and domestic partnership status can add meaningful complexity. At Law Offices of Makupson & Howard, we bring 56 years of collective family law experience to every case, with a boutique model that means you work directly with our attorneys from start to finish. Managing Partner Kristen Howard leads the firm with a commitment to understanding each client’s specific circumstances, not applying a one-size-fits-all approach.

We handle same-sex divorce cases in Pasadena and throughout Los Angeles County, offering both mediation and assertive courtroom representation so clients have every resolution path available to them.

If you’re considering a same-sex divorce or domestic partnership dissolution in the Pasadena area, call us at (888) 328-2734 or reach out through our contact form to schedule a consultation.

Why Clients in Pasadena Choose Law Offices of Makupson & Howard

Our credentials reflect a consistent standard of practice. The firm holds an AV Preeminent rating and BBB Accreditation, and both Carolyn Makupson and Kristen Howard carry Avvo 10.0 ratings. Pasadena Magazine recognized the firm as a Top Attorney from 2011 through 2018. We maintain membership in the State Bar of California, California Women Lawyers, and the Pasadena Bar Association.

For same-sex divorce clients, what matters most is an attorney who approaches every case without bias and with genuine sensitivity to the emotional dimensions involved. Our boutique structure makes that possible. You won’t be passed to junior staff. The attorneys handling your intake are the attorneys handling your case. We also offer services in Spanish for clients who prefer to communicate that way.

Because same-sex divorce can involve issues where mediation reaches its limits, contested parentage being one example, our dual capacity in negotiation and litigation means we can adapt as your case develops rather than referring you elsewhere when the path gets complicated. Attorney Makupson is court-appointed as a child representative in contested custody matters, a credential that reflects the trust courts place in our firm when a child’s interests are directly at stake.

California’s Dissolution Process for Same-Sex Couples

California governs same-sex divorce under the same Family Code framework that applies to all marriages. To file in California, one spouse must have lived in the state for at least six months and in the filing county for at least three months under Family Code Section 2320. Cases filed in Pasadena are handled through the Los Angeles Superior Court.

One important exception applies to same-sex couples who married in California but now live in a state that won’t dissolve their marriage. Under Family Code Section 2320(b), those couples can file in the California county where they married, even if neither spouse currently resides in California. California is a no-fault state, so irreconcilable differences is the standard ground for dissolution. A mandatory six-month waiting period applies before any divorce can be finalized, regardless of how straightforward the case is. That period runs from the date the respondent is served with the summons and petition, or the date the respondent makes an appearance in the case, whichever comes first.

Property Division & Spousal Support

California divides community property equally between spouses, with the date of marriage marking the boundary between separate and community property. For many same-sex couples, that date creates a complication opposite-sex couples don’t face.

Couples who cohabited for years before same-sex marriage was legally available in California may find that assets accumulated during that period don’t automatically receive community property treatment. Agreements reached during cohabitation, sometimes called Marvin claims, may be relevant when resolving those disputes. Spousal support calculations also depend on the legal duration of the marriage, which for some long-term couples may be shorter on paper than the relationship’s actual length. These questions benefit from experienced legal analysis rather than assumptions drawn from standard divorce cases.

Parentage & Child Custody in Same-Sex Divorce

When both spouses are recognized legal parents, California courts apply the same best interests of the child standard used in any custody matter, and child support follows the statewide guideline formula. Complications arise when only one spouse holds legal parent status. Without formally established parentage, the non-legal parent may have no enforceable custody or support rights after the marriage ends.

Parentage can be established through adoption, a voluntary declaration of parentage, or a court order. California Family Code Section 7612 also permits courts to recognize more than two legal parents where limiting parentage to two would be detrimental to the child. This provision can be relevant in same-sex family structures involving a known donor or third party.

Domestic Partnership Dissolution in California

Many same-sex couples formalized their relationship as registered domestic partners before marriage equality was available, and some remain registered as domestic partners today. California law gives registered domestic partners the same rights and obligations as married spouses, including the right to dissolve the partnership through the courts.

Simplified Termination vs. Court Dissolution

In limited circumstances, a domestic partnership may be terminated by filing a Notice of Termination with the California Secretary of State, without court involvement. Both parties must consent, the partnership must be no more than five years in duration, no children can be involved, asset and debt levels must fall below statutory thresholds, and neither party can be seeking support.

When those conditions aren’t met, dissolution follows the same court process as divorce under Family Code Section 299. If a couple is both married and registered as domestic partners, California law allows both to be dissolved in a single proceeding. Unlike divorce, domestic partnership dissolution in California carries no residency requirement.

Talk to a Same-Sex Divorce Attorney in Pasadena

Whether your situation calls for negotiation, mediation, or litigation, we can help you understand your options and protect what matters most. Law Offices of Makupson & Howard serves clients in Pasadena and throughout Los Angeles County.

Call us at (888) 328-2734 or contact us online to schedule a consultation with our team.