The Zhou Law Group embraces cultural diversity, celebrates client differences, and supports our LGBTQIA+ community.

Same-Sex Divorce

Same-sex couples are entitled to all of the same rights and benefits as heterosexual couples seeking a divorce in the state of California. However, the details of a divorce, from the splitting of assets to child custody rights – often clear in a heterosexual marriage – can be more complicated for same-sex couples.

Same-Sex Divorce for Non-Residents

California requires that at least one spouse be a resident of California for at least six months prior to filing a petition for dissolution of marriage. However, California also allows non-resident, same-sex spouses to dissolve their marriage in California even if neither party currently lives in the state. The petitioning spouse must file for dissolution in the county in which they were originally married.

 Child Custody in a Same-Sex Divorce

For heterosexual couples, the male is presumptively recognized as the father of a child born during the marriage. However, in a same-sex relationship, the mother/father presumption is blurred.

Unless legally-established parentage rights were entered during the marriage, this can become a difficult and potentially messy debate during a dissolution, especially is both parties are vying for custody of the minor child.

Seeking a Same-Sex Divorce? Make Sure You Have the Right Lawyer on Your Side.

While same-sex marriage and the related law are largely settled matters, some confusion may crop up. Inquire with The Zhou Law Group to better understand the legal implications of your particular situation.



Fill out the form below and request your confidential initial consultation.
Fields marked with an * are required.

    We are based in San Jose, Los Angeles, Pasadena, and Newport Beach in California

    Please reach out to us in the following ways, whichever is easiest for you:

    Weekdays: 9 AM–5 PM
    Weekends: By Appointment Only

    Phone: 408-289-9688
    (English and Chinese)