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Westlake Village Same-Sex Divorce Lawyer

LGBT Divorce Lawyer Serving Los Angeles & Ventura Counties
same-sex couple

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.


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Debra J. Kay Attorney at Law - Westlake Village Divorce Attorney
Located at 2801 Townsgate Rd, #360 Westlake Village, CA 91361. View Map
Phone: (805) 416-0212 | Fax: (805) 379-2228
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