Although California was ahead of the national curve when it came to the legality of same-sex marriages, the Supreme Court ruling in 2015 deeming that the fundamental right to marry is guaranteed to same-sex couples positively changed lives across the country.
Since that important ruling, the basics of the divorce process are essentially the same for all.
However, there are a few unique divorce challenges same-sex couples may face that heterosexual couples may not.
At the Land Legal Group, our Los Angeles divorce attorneys provide all our clients with the representation they need to make informed decisions, especially when they may be facing laws and stipulations that make obtaining a divorce a bit more complex than it would for another.
Two common roadblocks for same-sex spouses to overcome during divorce discussions are property division and child custody for non-biological parents.
Our Los Angeles divorce attorneys help streamline these challenges to ensure our same-sex clients are prepared for any resistance that may come our way during the divorce proceedings.
Property Division for Same-Sex Spouses Who Were Former Domestic Partners
Before it was possible for everyone to legally marry, no matter their sexual orientation, many same-sex couples lived as domestic partners.
Long-term committed couples who were domestic partners before taking the legal step to marriage often shared many assets and fully contributed financially to each other and their relationship before saying “I do.”
Those details may include shared:
- Bank accounts
- Credit cards
- Purchased property
- Retirement savings
- Stock portfolios
When spouses divorce, the standard approach to property division solutions begins by assessing the shared marital property, which is anything obtained during the marriage.
For example, if you and your spouse were in an unwed domestic partnership for ten years, and purchased a home, vehicles, or other property before getting married during your eleventh year together, this distinction can make categorizing some assets as either community property or individual property challenging without an attorney.
Partnering with an experienced Los Angeles divorce attorney will help you determine how our property division laws apply to assets and debts you obtained during your complete time together.
Non-Biological Parents and Child Custody in California
When same-sex couples decide to expand their families, their main options for having children include adoption or surrogacy.
When the couple divorces, the details of their biological parenting connection may be questioned by the court when determining child custody.
That is because:
- By default, biological parents have the legal precedent for custody of their children
- Non-biological parents may not be legally obligated to pay child support
At the Land Legal Group, our Los Angeles child custody attorney will review the facts of your case, including whether the child(ren) was legally adopted by the non-biological parent, or if a non-biological parent is listed on a child’s birth certificate.
These details will make a difference when pursuing your rights as a parent.
Our same-sex divorce attorneys Los Angeles provide the support, resources, and experience necessary to address these unique challenges, so you can face your divorce with real-time solutions that allow you to confidently move forward.
Contact our Los Angeles family law attorneys today at (310)552-3500 to learn how we can help you understand and identify same-sex divorce and the potential legal complexities surrounding property division and child custody during a free confidential consultation.