Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization
Securing the right to marry was a tremendous victory for same-sex couples throughout the country. With that right also came the right to dissolve a marriage, and, unfortunately, there are some challenges that are unique to same-sex marriages. However, a skilled divorce attorney could help you address those challenges.
With the right legal counsel by your side, you could avoid delays and simplify the divorce process. Let an Agoura Hills LGBTQ divorce lawyer familiar with this complex area of law assist you while you plan your next step.
Married couples must meet certain residency requirements before they can get divorced. According to state law, at least one spouse must reside in California for six months prior to filing a petition for divorce. However, this requirement does not apply to same-sex couples, as California was the first state to allow same-sex marriage. In the past, couples who married in California and moved to other states found it impossible to divorce, which led to state laws changing to make divorce simpler for LGBTQ couples.
The good news for couples filing for divorce is that there are few roadblocks intended for LGBTQ couples, thanks to the lack of residency requirements. Under state law, it is possible for a same-sex couple to seek a divorce even if they have moved out of state as long as that move was to a jurisdiction that does not allow divorce. This waiver of the residency requirements is beneficial to couples married in Agoura Hills and clears the way for them and their same-sex divorce attorney to dissolve the marriage.
At their core, the issues in same-sex divorces are no different from any other marriages. An experienced attorney could assist an LGBTQ couple dissolve their marriage, working through a wide range of issues related to marital property, child custody, and more.
Family courts make the ultimate decision on issues of child custody and visitation following a same-sex divorce. In these cases, the judge will act in a child’s best interest when settling disputes over visitation, residency, or legal custody.
State community property laws apply for property division disputes, meaning both spouses should split the assets and debts of the marriage equally. However, there are often disputes over the value of certain assets, as well as whether they qualify as marital property at all. Luckily, an experienced attorney familiar with same-sex divorces in Agoura Hills could present an individual’s side to the courts to help them reach their goals.
State law also allows for spousal support. This process is intended to help a spouse with lower earning capacity become financially independent after a divorce and is no different for LGBTQ couples than it is for heterosexual couples.
If you feel your marriage is coming to an end, now is the time to discuss your options with an attorney. The firm could advise you on what to expect from a same-sex divorce while ensuring the courts treat you fairly.
An Agoura Hills LGBTQ divorce lawyer could guide you as you face the divorce process. Call today to learn more.
Hoffer Family Law Firm
