• 17
  • July
    2010

A new bill in California seeks to simplify and reduce the cost of legal terminations of domestic partnerships and marriages for same-sex couples. The Separation Equity Act, or AB 2700, was introduced by Democrat Assemblywoman Fiona Ma and was passed by the state Assembly on May 6, 2010. The bill has yet to pass the Senate before it becomes law.

California Law Prior to the Separation Equity Act

Same-sex marriage was first legalized in California in 2008. Later that year Proposition 8 was passed, amending the California Constitution to outlaw any marriage other than that between a man and a woman. Existing marriages would remain legally recognized.

California Statute SB 54 passed in 2009 and awarded those in a same-sex domestic partnership or marriage all the same legal rights as heterosexual couples except the right to marry.

The legal requirements for couples that are both registered domestic partners and legally married involved two different processes to divorce or separate. Many people remain unaware of this law and did not fully complete both processes, which could cause legal complications.

The complex process requires filing two petitions with the Superior Court of California, paying two filing fees of $355 each, and attending two separate court proceedings.

What the New Law Means

Generally, AB 2700 will make the legal aspects of getting divorced in California for same-sex couples the same as for heterosexual couples.

Legal sanction of an end to both domestic partnerships and marriages will now require only one filing fee and one court proceeding. This will cut down on attorney and court fees. Fewer court proceedings will also save the state court system time and money.

The law also includes clarification of SB 54: same-sex couples that were married or registered as domestic partners outside of California can get a divorce or legally separate in California.

While the Separation Equity Act will drastically change the process, same-sex couples still face inequalities when legally separating. The tax laws and regulations have a unique impact in same-sex divorce or separation that tends to be more complex than those in heterosexual marriage and divorce.