Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In California, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and responsibilities as opposite-sex couples in the divorce process. This means that the legal procedures for dissolving a marriage, dividing property, and determining spousal support are the same. However, same-sex couples may face additional challenges, particularly concerning child custody. If a child was born into a same-sex marriage, and one spouse is the biological parent while the other is not, the non-biological parent's rights may be less clear if the biological father's parental rights were not legally terminated. In such cases, the biological father might seek custody or visitation rights, leading to complex legal disputes. It's important for non-biological parents in same-sex relationships to secure their parental rights through adoption or other legal means to protect their relationship with their children in the event of a divorce.