LGBT Divorce Attorney in San Luis Obispo, CA
As same-sex marriage becomes more common in the US, some couples may require divorce services. The good news is that, unlike heterosexual marriages, same-sex divorces are seldom afflicted by gender role prejudices. Divorce rights for same-sex spouses are equal.
Your state may allow you to apply for a divorce if you don’t have numerous domestic partnership or civil union registrations or married after marriage equality became law. Some states need six months of residency before filing for divorce, but most require three months. You must understand your state’s laws.
California accepts no-fault divorces. If you and your spouse have irreconcilable differences, you can lawfully divorce without proving grounds. In our state, the goal is to create a fair division between the parties so they can both go on. Among the factors to be considered are:
- Child support and custody
- Spousal support
- Property division and debt obligation concerns
- Settlement agreements
LGBT couples in California have numerous choices regarding legal marriage, including divorce, annulment, mediation, and the dissolution of a domestic partnership. It is critical to explore these issues with a skilled legal professional or a family attorney in this state. Choosing the appropriate divorce attorney for your case may be the most beneficial thing you can do for your family. Call us now at 805 Law Group to speak with one of our family law attorneys and divorce attorneys.
LGBT Divorce in California
In California, there is no specified basis for divorce. They can divorce owing to irreconcilable disagreements. However, there is no reason or requirement to prove anything to the courts to divorce. No one, guilty or not, is accountable for the breakdown of the marriage. California is a no-fault state, allowing both same-sex couples to divorce and legally end their marriage for any reason. Then, a lawyer can help you decide which choice is best for your situation, considering your legal rights.
All Californian couples can go through the standard divorce process. About six months after both couples file for divorce or when one spouse initiates the process. It might take longer if the two parties dispute, and a six-month waiting period is required in this state. Both partners can file for divorce and divide their assets and debts. The overall procedure takes six months.
Disagreements between the spouses may prolong the typical divorce process or any other utilized in this state. These generally include child custody, visitation, and child support in California. Spousal or partner assistance is often required when one works or when both earn different amounts. Another critical and typical problem in divorce is property division. The division will also involve dividing assets and debts.
Divorce Dissolution and Resolution
If a couple has been legally married in California for less than five years, they can file for a summary dissolution if all other conditions are satisfied. In the state, this is one quick option to dissolve a marriage. This procedure is limited by the lack of biological offspring in either partner’s marriage. It is feasible when little assets, debts, or other issues might prolong the divorce procedure. Before taking this route, be sure you’re eligible.
Most states have an Alternate Divorce Resolution (ADR). This might take a short time or an extended period depending on the spouses and any unique difficulties. The two will meet in some way to address the legal challenges surrounding the marriage. These are typical issues in a divorce. They generally involve child custody and visitation, spousal or child support, property split, and asset and debt division. Many kinds of ADR have binding outcomes and can replace litigation if both parties are willing to compromise.
California generally needs six months of separation before the two may officially resolve things. Then both spouses can engage a lawyer to choose the appropriate ADR or conventional divorce process. Mediation is offered if the two need to discuss various issues. Then there’s arbitration if mediation isn’t other solutions that may exist to help handle specific problems, such as the need to end a relationship. Some couples might benefit from alternate divorce resolution or counseling to help them reconcile the divorce quietly.
In 2015, the US Supreme Court legalized same-sex marriage. This ruling changed many people’s lives and meant that married couples might access their spouse’s health insurance, tax breaks, and other benefits provided to heterosexual married couples. Until now, 13 states have prohibited same-sex marriage. People from such states may go to a nation or state that allows same-sex marriage. However, if they desired a divorce, they would have to fight a lengthy legal battle in their home state, especially if the state did not recognize their marriage. Couples now have the right to divorce in every state, along with the right to marry.
Every state has some form of no-fault divorce, which means you don’t have to explain to a court why your marriage is ended. You can cite your spouse’s marital misconduct—like infidelity or abandonment—as grounds for divorce in some jurisdictions, as well as no-fault divorce in others. A judge will administer marital property, resolve custody and child support problems, and determine if spousal support is appropriate in both divorce procedures.
Child Support and Custody
A poor marriage might lead to discriminatory parentage laws being used against an ex-spouse by those who campaigned for equal marriage rights. This is particularly prevalent in same-sex custody disputes. You might avoid a turbulent court battle over the children if you can develop a parenting plan.
It was difficult for many couples who planned to have children before marriage equality became law. In most places, a non-biological parent’s parental rights, including visitation, are denied if the other parent never officially adopted the children. An unplanned pregnancy or childbirth can be traumatic to one parent.
When a child is born to one partner during a same-sex marriage, it’s hard to foresee how all courts handle custody issues. If a child is born during a heterosexual marriage, the husband is presumed to be the father. However, the outcome may differ by state.
Alimony may be problematic in same-sex couples when they have been together for a long time before being officially married. To determine alimony, judges consider the financial need and ability to pay both spouses.
A court is more likely to grant spousal support to a lower-earning or non-earning spouse if the marriage is long-standing. If you couldn’t marry because of the law, what would happen? A court’s decision is impossible to predict because this is a new area, and courts are only now seeing these instances. When determining spousal support, some courts add the unmarried years to the lawful marriage. Others will not consider any connection other than a legally married one. Unmarried partners can seek “alimony” in some states, including California. Premarital living together would be used to calculate palimony.
Property Division and Debt Obligation Concerns
In every divorce, a judge divides the couple’s assets and obligations. The timing of marriage may cause an unjust property settlement between spouses who lived together before marriage was allowed.
The court may classify premarital property as separate property, exempt from property division, and generally granted to the spouse who purchased it. Some courts accept that discriminatory regulations prevented spouses from lawfully marrying; thus, the property may be divided. However, property split is at the judge’s discretion (and state-specific criteria). Therefore, you may not get everything your husband bought before your wedding.
One of the most excellent methods to deal with divorce is to negotiate a divorce with your husband. Many courts provide couples mediation, a voluntary process that allows both spouses to discuss their divorce goals. Judges can resolve property distribution, custody, and support concerns, but only the spouse understands their family’s needs. Creating a settlement agreement is the simplest and cheapest way to maintain control. It will also help you throughout the divorce proceedings.
Divorce Lawyers in San Luis Obispo
If your marriage is not working, there is no need to stay legally tied with it. In California, a same-sex spouse will require a lawyer to assist them in finding the best choices for their divorce and prove their claim. This may involve research or finding a solution to reconcile marriages.
Our San Luis Obispo divorce lawyers can help process your divorce, properly split your assets, and start a new one. Our staff at 805 Law Group knows the laws and how they apply in our state. We can help you and start the process. Contact us today for a free consultation regarding our same-sex divorce services and your legal representation.