If you are in both a same-sex marriage and a domestic partnership with the same person, you can dissolve both at the same time. In order to file for a divorce in California either you or your spouse/partner must have lived in California for 6 months and in the county where you are filing your case for at least 3 months. However, there is an exception to this requirement. Same-sex married couples who got married in California, but now live in another state (or states) that will not dissolve same-sex marriages, can file to end their same-sex marriage in California, regardless of these residency requirements. In order to do so you must file for divorce in whichever county you were married. It should be noted that if neither party lives in California, the court may not be able to make orders about some issues like property and debt, partner support, or regarding children.
At the Law Office of Diane M. Itzenhauser, APC, we provide experienced representation in a broad range of family law matters. Contact our law firm today at 805-544-2323 to discuss your case with an experienced San Luis Obispo family law lawyer.