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Same-Sex Divorce

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Same-Sex Divorce Attorney in Fresno

Over 30 Years of California Family Law Experience, Working for You

Same-sex divorce follows the same California dissolution framework as any other marriage, but the legal picture is often more layered. Questions about community property timelines, parentage for children born through assisted reproduction, and whether a registered domestic partnership also needs to be dissolved can all arise in a single case. At Arnold Law Group, APC, we handle these matters for LGBTQ+ clients in Fresno with the same direct, personalized approach we’ve applied across thousands of family law cases over more than 30 years of combined practice.

We build legal strategies around each client’s specific goals, communicate clearly at every stage, and don’t make promises about outcomes. What we offer is attentive representation and honest guidance from start to finish.

Ready to talk through your situation? Call us at (559) 900-1263 for a free case evaluation, or reach out through our online contact form.

What Makes Same-Sex Divorce Legally Distinct in California

California is a no-fault state, meaning either spouse can file for dissolution citing irreconcilable differences. The same residency requirements apply to all couples filing in Fresno County: at least one spouse must have lived in California for six months and in Fresno County for at least three months before filing. All cases are filed with the Fresno County Superior Court, Family Law Division, and California’s mandatory six-month waiting period applies before a dissolution can be finalized.

Community Property & the Marriage Timeline

Community property rules apply equally to same-sex married couples: assets and debts acquired during the marriage are generally divided 50-50. The added complexity for same-sex couples often comes from timing. Same-sex marriage first became legal in California in June 2008, though it was suspended from late 2008 through June 2013 before resuming. It wasn’t recognized nationwide until the Obergefell v. Hodges decision in 2015. Many couples were together for years or decades before they could legally marry.

Because California measures the marital estate from the legal date of marriage, property accumulated before that date is generally treated as separate property, even when finances were commingled over a long relationship.

Spousal Support Duration

Spousal support duration is tied to the length of the legal marriage. California treats marriages of 10 or more years as “long duration,” which can affect how long support obligations run. For a couple married in 2015 after 20 years together, the legal marriage may fall well under that threshold, even though the relationship itself does not.

Parentage & Domestic Partnership Dissolution

Two issues come up more often in same-sex divorces than in opposite-sex cases: establishing parentage and dissolving a registered domestic partnership.

Establishing Parentage

California doesn’t automatically presume legal parentage for both spouses in a same-sex marriage. If a child was born during a California marriage or registered domestic partnership, a parentage presumption may apply, but parentage often needs to be formally established through adoption, a court judgment, or recognition under the Uniform Parentage Act. For couples who used assisted reproduction or surrogacy, this step matters. California Family Code section 7612 also allows courts to recognize more than two legal parents in cases where limiting parentage would be detrimental to the child, which can be relevant in complex blended family situations.

Dissolving a Registered Domestic Partnership

Registered domestic partnerships carry the same legal rights and obligations as marriage under California state law, including community property division and partner support. Couples who hold both a registered domestic partnership and a marriage may need to dissolve both, though this can be handled in a single court proceeding. In limited circumstances, domestic partners who meet specific criteria, registered fewer than five years, have no children, no real property, and limited assets and debts, may be eligible for summary dissolution rather than a full court proceeding.

Why Fresno Clients Work with Arnold Law Group, APC

Our attorneys bring over 30 years of combined California family law experience to divorce, custody, child support, spousal support, and property division matters. We’ve worked with thousands of clients across Fresno and have built a record of resolutions that reflect our clients’ actual priorities, not a standard formula.

For LGBTQ+ clients, the stakes in a same-sex divorce can include hard-won parental rights and a financial picture that doesn’t map cleanly onto the legal marriage timeline. We listen carefully, ask the right questions, and develop a strategy that accounts for the specific facts of your family and your finances. You’ll hear from us regularly throughout your case. We won’t leave you guessing about where things stand.

We’re also part of this community. Our team participates in Fresno events like Color Me Rad and the La Visionaria Guild’s Restaurant Take-Over because this city matters to us. Past clients have described our approach as professional, honest, and genuinely supportive during difficult moments. We don’t make empty promises, but we show up fully for every client we represent.

Start with a Free Case Evaluation

If you’re facing a same-sex divorce or domestic partnership dissolution in Fresno, we’re ready to help you understand your options. Cases we take on are treated as a priority, and we keep clients informed at every step.

Call Arnold Law Group, APC at (559) 900-1263 or contact us online to schedule your free case evaluation.

Ready to Get Started? Contact Us for a Consultation