Same-Sex Divorce Attorney in Bakersfield, CA

Marriage Dissolution Services for Same-Sex Couples in Kern County

Same-sex couples in California possess the same legal rights and obligations regarding marriage and divorce as opposite-sex couples. Following the 2015 Supreme Court decision in Obergefell v. Hodges, same-sex divorces follow the standard legal procedures and apply the same community property and custody laws as any other dissolution. For same-sex couples, however, specific legal questions can arise concerning property characterization for couples who cohabitated before the legalization of same-sex marriage, parentage issues for children born through assisted reproduction, and out-of-state legal complexities.

The Gorski Firm provides divorce representation for same-sex couples throughout Bakersfield and Kern County. We address the specific legal challenges that arise in these cases while protecting your interests at every stage of the process.

Are you divorcing after a long relationship that predates legal marriage? Call (661) 768-1441 or contact us online. A same-sex divorce attorney in Bakersfield can help you through the legal process.

Property Division in Same-Sex Divorces

California began recognizing registered domestic partnerships in 2000 and legalized same-sex marriage in 2008. While Proposition 8 created a temporary legal pause between 2008 and 2013, marriage rights were fully restored thereafter.

Couples who lived together for years before they could legally marry often face complex questions regarding property characterization. Legally, the date of marriage or domestic partnership registration marks the start of community property accumulation. Any property acquired during cohabitation before that date is technically separate property, unless a party can demonstrate a written or oral agreement to treat those assets as shared.

Because of this, couples in long-term relationships must carefully trace the acquisition dates of their assets. The Gorski Firm assists in characterizing property accumulated throughout the entire relationship, including assets acquired before legal marriage was an option. Our team also handles palimony claims when appropriate, based on agreements made during the cohabitation period.

Parentage & Custody Issues

Children born to same-sex couples often navigate a distinct set of parentage considerations. While the legal presumption establishing both spouses as parents for children born during a marriage applies equally to same-sex unions, this does not always resolve every complication. Children born before the legal marriage or those conceived through assisted reproduction may require proactive legal measures to confirm and protect parental rights.

A second-parent adoption offers essential legal security for a non-biological parent. In the absence of an adoption or a formal parentage judgment, a non-biological parent may find themselves without automatic legal standing should the relationship end. Under California law, both spouses in a marriage are generally recognized as legal parents of a child born through assisted reproduction if both provided consent to the conception.

However, challenges can arise if one party disputes the validity of that consent or if a known donor asserts parental claims. The Gorski Firm assists in establishing and defending parental rights through the use of adoptions, parentage actions, and custody proceedings. We also provide representation in disputes involving surrogacy arrangements or donor rights to help protect the integrity of the parent-child relationship.