Same-Sex Divorce Attorneys in Newport Beach, CA
Representing Members of the LGBTQIA Community in Family Law Matters
June 16, 2008, is a date that has gone down in American history. This is when clerks in certain California counties began issuing marriage licenses to same-sex couples. Since then, the right of same-sex couples to legally marry has been disputed time and time again, but in 2013 the Supreme Court upheld California’s right to allow same-sex marriage. Finally, in 2015, the Supreme Court ruled that no state in America can prevent same-sex couples from marrying.
Same-sex couples also have the right to end their marriage, in accordance with California’s divorce laws.
Work With a California Family Law Expert
Attorney Kendra Thomas is a Certified Family Law Specialist and can effectively address any legal issue related to marriage, domestic partnerships, children, and the family unit. We have offices in Newport Beach and Woodland Hills and represent clients across Southern California.
Going through same-sex divorce? For experienced and compassionate legal counsel, call Thomas Law Offices at (949) 799-3357 today.
Unique Challenges of Same-Sex Couples in California
Just because same-sex couples are afforded the same legal rights as heterosexual couples, it doesn't mean that a same-sex divorce will look the same for LGBTQIA families.
Same-sex couples face many different challenges that a divorce attorney needs to be aware of:
Fairly dividing assets in a same-sex divorce can be very complicated because in the LGBTQIA community many couples have been together for several years while only being married for a few years. This means that you may have community property outside the marriage, such as a house or car. A same-sex couple may also have the difficulty of a high net-worth divorce, especially if they have two incomes and no children.
If you and your partner entered into a domestic partnership prior to marriage, you may need to terminate the domestic partnership in addition to filing for divorce. There are two ways to go about ending a domestic partnership in California:
- Filing a Notice of Termination
- Obtaining a Petition of Dissolution
If you and your partner are in agreement on dissolving the partnership, then you can file a notice of termination without much hassle. However, if you and your partner are disputing some aspects of your partnership, you will need to file a "Petition of Dissolution" and appear for a judge.
Child Custody & Child Support
As same-sex unions have become more commonplace, so have same-sex adoptions, in vitro, and surrogacy. Same-sex couples who get divorced must now determine who gets custody of their children and who pays child support. While a same-sex couple doesn't have to worry about a debate of father vs. mother rights, there are other challenges that can make child custody and support complicated that your attorney should be prepared to address.
Resolving Every Aspect of Your Same-Sex Divorce in California
Whether you are considering divorce, need to resolve a custody or visitation dispute, or want to draft a prenuptial agreement before your marriage, our Newport Beach same-sex divorce lawyers can help with these sensitive and complex areas:
You can rely on the skill, expertise, and commitment of our same-sex divorce attorneys to seek the best possible resolution for you and your family, whether we can facilitate an out-of-court agreement with your spouse through mediation or another collaborative approach, or if we must represent your interests in a contested divorce in court.
Contact Thomas Law Offices today at (949) 799-3357 for a confidential consultation and review of your same-sex divorce or separation in California.
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