Family Law Since 1996, with Court Familiarity That Makes a Difference
Castellanos & Associates, APLC has focused exclusively on divorce and family law since 1996. We handle same-sex marriage dissolution and registered domestic partnership dissolution throughout Los Angeles, bringing decades of family court familiarity, bilingual representation, and a collaborative multi-attorney review model to every case we take.
Same-sex couples face the same core divorce process as other couples in California, but distinct legal considerations around parentage, property division, and spousal support can arise depending on when the relationship began relative to the legal marriage date. We work to address those issues directly, not as an afterthought.
Schedule a free consultation with a same-sex divorce attorney at Castellanos & Associates, APLC. We serve clients throughout Los Angeles County in English and Spanish, with virtual appointments available. Call us at (323) 212-5599.
How California Law Applies to Same-Sex Divorce
California treats the dissolution of a same-sex marriage and the dissolution of a registered domestic partnership under the same family law framework. The state uses a no-fault standard, meaning irreconcilable differences is the ground used in virtually all cases, regardless of gender or orientation. There is no fault to assign and no conduct to prove.
Filing requirements follow a clear structure:
Residency for divorce: At least one spouse must have lived in California for six months and in the filing county for three months before filing.
Domestic partnership dissolution: There is no residency requirement to dissolve a California-registered domestic partnership, even if both partners now live elsewhere.
Non-resident exception: Same-sex couples married in California who now live in a state that doesn’t recognize same-sex divorce may file for dissolution in the county where the marriage occurred, without meeting the standard residency requirement.
Six-month waiting period: Dissolution can’t be finalized sooner than six months after the respondent is served, regardless of how quickly both parties agree on terms.
Summary dissolution: Couples married or partnered for fewer than five years who meet specific asset thresholds may qualify for this simplified process, which requires no court appearance.
Legal Issues That Arise in Same-Sex Divorce Cases
Three issues come up repeatedly in same-sex divorce cases, and each requires careful legal attention.
Parentage Establishment
Under California law, both spouses in a same-sex marriage are generally presumed to be the legal parents of a child born during the marriage, regardless of biological connection. Complications can arise when a child was conceived through assisted reproduction or surrogacy, or when parentage was never formally established. A non-biological parent who didn’t complete a legal parentage action may need to establish parentage before custody and visitation rights can be determined. Addressing this early in the process helps protect parental rights and avoid delays.
Community Property and Pre-Marriage Cohabitation
California is a community property state. Assets and debts acquired during the marriage are divided equally, but property acquired before the legal marriage date is generally treated as separate property, even when the couple cohabited and shared finances for years beforehand. For same-sex couples whose relationships began before marriage equality, this distinction can significantly affect how assets are categorized and divided. Retirement accounts and pensions accumulated during the marriage are community property and may require a Qualified Domestic Relations Order to divide properly.
Spousal Support Calculations
Courts typically calculate spousal support based on the length of the legal marriage, not the length of the relationship. For couples who were together for years before they could legally marry, the support calculation may not reflect the full duration of the partnership. We work to present the complete financial picture so the court has the context it needs to make a determination.
Mediation is also available as an alternative to litigation. It allows both parties to negotiate property division, custody, and support directly, without a court hearing, which can reduce both cost and conflict.
Why Los Angeles Same-Sex Couples Work with Castellanos & Associates, APLC
Lead attorney Edwin Castellanos has served as a Daily Settlement Officer and Mediator in the Family Court Law Division at the Stanley Mosk Courthouse, the primary Los Angeles County family law venue. He received Certificates of Appreciation from the Los Angeles Superior Court in 2015, 2016, and 2017, and from the Los Angeles County Bar Association in 2018. That courthouse experience shapes how we approach negotiation, settlement, and litigation strategy for each client.
Edwin’s accounting background from the Stern School of Business at New York University informs how we analyze property division and support calculations, particularly in cases where finances are complex or long-term cohabitation complicates the asset picture. He has also been recognized with the Top Ten Award from the American Institute of Legal Advocates and carries an Avvo Superb 10.0 Rating.
Our firm also differs from others in a few practical ways:
Collaborative review: At least two attorneys provide insight on each case, so no important issue goes unexamined.
Bilingual representation: Services are available in English and Spanish. Edwin Castellanos is fluent in Spanish, and we’re committed to clear, candid communication for Spanish-speaking clients.
Affordability: We keep legal counsel accessible without compromising quality. High professional standards shouldn’t require a prohibitive price tag.
Start with a Free Consultation
If you’re considering divorce or domestic partnership dissolution in Los Angeles, we can review your situation and explain your options clearly. Consultations are free, confidential, and available in English or Spanish. Virtual appointments are offered for your convenience.
