Same-sex couples now have the same rights as anyone else to marry, but despite this progress, many court customs and state laws adjacent to the process of marriage have not caught up. The prime example involves same-sex divorce. Fortunately, a Ventura County LGBTQ divorce lawyer could help same-sex couples navigate the process of dissolving a marriage.
If you are facing the end of a same-sex marriage, you have the right to rely on the guidance of legal counsel who can simplify the process and protect your legal rights along the way. Let a dedicated divorce attorney advise you on the best course of action in your case.
Unlike other states that require proof that one spouse or the other was responsible for the breakdown of a relationship, the separation grounds in Ventura County are simple. This is true both for same- and opposite-sex couples. An LGBTQ divorce attorney in Ventura County could advise which of the two grounds, irreconcilable differences or permanent legal incapacity, make the most sense to pursue.
Irreconcilable differences grounds are met upon evidence of any disagreement that has resulted in the breakdown of a marriage. If the grounds for divorce fall under permanent legal incapacity, it essentially means one party to a marriage no longer has the capacity to make decisions about their life.
In addition to the grounds for divorce, there is also a time limit that applies. A court waits at least six months before granting a divorce after the case is filed. In fact, the court does not finalize a divorce until at least six months after the other spouse is served with divorce papers.
An LGBTQ divorce attorney in Ventura County could assist with resolving the additional challenges individuals face throughout the process.
Property division is frequently a contentious issue in any divorce. The rule of community property applies, which typically means both spouses will share the property acquired during the marriage equally. The same is true for any debts incurred. While this is the general rule, the court has the power to depart from splitting things down the middle.
Child custody disputes can be more difficult for some same-sex couples. While the law is required to treat these couples equally, there is always the risk of bias creeping into the case. Ultimately, it is the duty of the court to award custody based on the child’s best interest.
Spousal support, which is more commonly known as alimony, provides financial support from one former spouse to another. This type of support is generally awarded in cases where one spouse earns far more than the other.
If you are considering a divorce, there is no better time than the present to discuss your options with legal counsel. The right attorney could protect your rights and fight for fair treatment from the court.
Do not put your future at risk by proceeding on your own. Call a Ventura County LGBTQ divorce lawyer right away.
Hoffer Family Law Firm