In California, same-sex divorce follows many of the same laws as heterosexual divorce. The state is a no-fault divorce jurisdiction, meaning that neither spouse has to prove wrongdoing to obtain a divorce. The only requirement is that at least one spouse must have lived in California for six months and in the county of filing for at least three months before filing for dissolution.
However, some legal complexities make LGBTQ divorces unique, especially for couples who were together before same-sex marriage became legal. Many LGBTQ couples:
These factors can create challenges when dividing marital property, determining spousal support, and negotiating child custody agreements. Working with an experienced same-sex divorce lawyer in Los Angeles is crucial to ensuring your rights are protected.
Although California law treats same-sex and heterosexual divorces equally, certain legal challenges are more common in LGBTQ divorces.
California is a community property state, meaning that assets acquired during the marriage are typically split 50/50 between both spouses. However, many same-sex couples lived together and shared finances for years before marriage became legal. This creates unique challenges when dividing assets, such as:
Our Los Angeles LGBTQ divorce lawyers work with financial experts to properly categorize assets and ensure a fair division that reflects the true contributions of both spouses.
California courts consider several factors when awarding spousal support, including:
One challenge in same-sex divorce cases is determining the true length of the relationship when couples were together for decades before marriage was legally recognized. Our attorneys can argue for fair spousal support agreements that account for the full history of your relationship, not just the legal marriage date.
Same-sex divorce can present complicated child custody issues, especially if:
California law recognizes the parental rights of both spouses in most cases. However, if a same-sex couple never legally established parental rights for a non-biological parent, custody disputes can arise.
Our same-sex divorce attorneys in Los Angeles fight to protect the parental rights of LGBTQ spouses and ensure child custody and support agreements serve the best interests of the child.
Before same-sex marriage was legalized, many LGBTQ couples registered as domestic partners. If you are still in a California domestic partnership, you must legally dissolve the partnership before you can remarry or legally separate assets.
The requirements for dissolving a domestic partnership are similar to divorce, but certain federal laws do not recognize domestic partnerships, which can create tax and benefit complications. Our attorneys can help you navigate both legal systems to ensure a clean and fair separation.
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Divorce doesn’t always have to be contentious. Many LGBTQ couples choose mediation to:
Mediation is particularly useful for same-sex couples who want to preserve an amicable relationship and co-parent effectively. Our firm offers LGBTQ-friendly divorce mediation services to help couples reach mutually beneficial settlements.
Legally, California applies the same divorce laws to all couples. However, unique challenges arise for same-sex couples who were together before marriage equality, making legal representation essential.
Yes. Domestic partnerships must be legally dissolved, just like a marriage, to separate assets and establish financial independence.
I really am not sure how I found Maryam originally, but I’m so glad that I did. My divorce and custody battle dragged out for over two years, but in the end I have full custody of my children and have been able to move on with my life. Divorce is emotionally difficult, but having Maryam navigate the legal waters made the whole situation easier. I highly recommend her if you need an attorney who will help you work through your family law matters with compassion and conviction.
Jamie
Maryam was my divorce lawyer a few years ago. She is personable, punctual and got the job done… We got what we wanted in court as she fought hard for me and was aggressive. She filed all the paperwork that needed to be done on time and correctly. She was also very good at moral support in this tough period in my life but that was just a benefit of using her. I have also called her for legal advice a few times since and she always gave me good legal advice.
Stuart