Westlake Village Same-Sex Divorce Lawyer
LGBT Divorce Lawyer Serving Los Angeles & Ventura Counties
When a rough patch seems never-ending, pursuing a divorce might be the
smartest decision you can make.
At our firm, we help LGBTQ+ clients throughout the end of their marriages
and domestic partnerships. We aim to help you start the next chapter of
your life as soon as possible. You shouldn't have to stay in a relationship
that simply isn't working for you anymore. So if you are thinking
of divorce, reach out to us for compassionate counsel and honest legal advice.
Call (805) 416-0212 to schedule a consultation with a same-sex divorce
attorney in Westlake Village.
Why You Need an Experienced LGBT Divorce Attorney on Your Side
If you and your partner disagree covering subjects such as money, property,
or custody, you need to make sure your partner does not take advantage
of the situation and use the legal confusion to deprive you of your rights.
Issues such as child custody, which are already difficult and volatile
in traditional divorces, can become more complicated in a same-sex divorce.
If you aren't the biological mother, for example, your legal standing
to argue for custody may be in question.
The best step you can take to protect your rights is to retain experienced
legal representation immediately. With the right advocate on your side,
you can save time, money, and avoid an emotional, dragged-out battle.
Contact Debra J. Kay Attorney at Law, to speak with an experienced gay divorce lawyer in Westlake Village!
Who Gets Custody During a Same-Sex Divorce?
Just like heterosexuals, lesbian and gay couples may have to face the challenges
of custody during a divorce. Until the court systems create a more standardized
process for establishing custody for same-sex couples, they may run into
scenarios that prove to be more difficult. In addition, unless each party
can compromise on the terms,
the court will have to take the following into consideration:
- Perceived caregiver roles
- Biological information
- Other gray-areas that would come out during a discovery phase
How to Separate from Your Domestic Partner
Although gay and lesbian couples have similar hoops to jump through as
heterosexuals when filing for divorce, they may be required to dissolve
a domestic partnership on top of the marriage as well. This is because
you may be bound by both covenants. Once you dissolve each requirement,
you will be considered single and eligible to get remarried.
Navigating CA Laws for Same-Sex Marriage & Divorce
While California recognizes same-sex marriage, there are still many complicating
factors, including:
-
Legal commitments in multiple states. It is not uncommon for a couple to register as domestic partners in one
state, as reciprocal beneficiary partners in another state, and to tie
the knot in a third state.
-
Legal ambiguity. In the words of one legal expert, "Everything will be murky until
case law develops and the murkier it is, the longer it's going to
take to hash out—and the more hours it takes, the more expensive
it is." While family court judges have more than 100 years' worth
of case law at their disposal when deciding on heterosexual divorce matters,
with same-sex divorce such a recent issue, there is very little precedent
for judges to consult.
Keep in mind: California recognizes equivalent registrations from other
states, but one spouse must have lived in California for six months before
a same sex couple can file for divorce. In some cases, California does
exempt same-sex marriage from the residency requirements. For example,
it allows non-residents married in California to return to our state to
divorce if their home state refuses to dissolve their marriage (see California
Family Code Section 2320(b)(1)).
Consult a Same-Sex Divorce Attorney
When you retain the legal services of Debra J. Kay Attorney at Law you
can have peace of mind knowing that we walk you through each aspect of
this complex process in a clear, caring, and patient manner. At our office,
we help individuals like you with all matters related to same-sex marriage,
divorce, and domestic partnerships. Our legal team has a comprehensive
understanding of the law and is deeply committed to the rights of LGBTQ+
individuals.
Topics we can discuss with you include:
We are proactive and strive to resolve disputes in an efficient, effective,
and amicable manner. Our legal team does everything possible to protect
your financial and parental rights, without dragging out litigation. We
have nearly three decades of legal experience behind us and our founding
lawyer is a certified family law specialist, making her more than capable
to handle the various nuances of your case. When you turn to our firm
for legal help, we promise to give you the personalized and attentive
legal services you deserve!
Contact a same-sex divorce lawyer online today! We proudly serve clients in Westlake Village,
Thousand Oaks, and the surrounding communities.