Same Sex Divorce Cases in California
Westlake Village LGBT Divorce Lawyer
As of January 2014, same sex marriage was legal in sixteen countries and
seventeen states, including California. Rough estimates suggest that since
2004 (when Massachusetts became the first state to legalize same sex marriage),
at least 71,165 sam
e sex unions have taken place across our country. If you are one of those
couples and have since encountered rocky times, pursuing a divorce might
be the smartest decision you can make. It is imperative that you remember
that if you remain married, registered or partnered, you are legally and
financially bound to your partner.
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.
Why You Need an Experienced LGBT Divorce Attorney on Your Side
If you and your partner disagree over 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 and costs 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, same-sex couples may have to face the challenges
of custody during a divorce. Until the court systems create a more standardized
process of establishing custody for gay 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
Same-Sex Domestic Partnerships
Although gay 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.
California Laws
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)).
Contact Debra J. Kay Attorney at Law!
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 gay
and lesbian individuals.
Topics we can discuss with you include:
- Property / Debt Division
- Child Custody & Support
- Pensions and Retirement Accounts
- Spousal Support
- Tax Considerations
- And More
We are proactive and strive to resolve disputes in an efficient, effective,
and amicable manner. Our 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!
What are you waiting for? Schedule a case evaluation with us today by contacting our office now!
We proudly serve clients in Westlake Village, Thousand Oaks, and the surrounding
communities.