Costa Mesa Same-Sex Divorce Lawyer

Costa Mesa Same-Sex Divorce Attorney

In 2024, California residents amended their state constitution to affirm the right to same-sex marriage. These rights were hard-fought, and it is important to remember that equal rights to marriage also mean equal rights to divorce. Divorce law applies equally to same-sex and opposite-sex couples, but there may be unique circumstances for same-sex couples. It is crucial that you speak with Cosa Mesa, a same-sex divorce lawyer who has experience with situations like yours.

Coming together with 15 years of combined experience, the knowledgeable family law team at Engels-Janzen understands how volatile divorce cases can become. This is especially true if conditions like children, high-value assets, or blame for ending the marriage are present. Approaching your case with compassion and intelligent strategy, we will work to reach the most favorable outcome of your divorce.

Approaching a Same-Sex Divorce

Filing for divorce, or dissolution, in California means that at least one person in the relationship wants to end the marriage. Only one person needs to file for divorce, and they can do so without any reason. California is a no-fault state, meaning neither spouse must prove the other did something wrong to get a divorce. Though issues that constitute fault may impact other parts of separating from a spouse, it will not impact finalizing the divorce.

In most ways, a divorce between a same-sex couple is the same as an opposite-sex couple. Issues that must be resolved in all types of divorces include:

• Classifying personal and marital property
• Division of marital property
• Separating financial accounts
• Choosing what will happen with a jointly owned business
• Spousal support
• Child custody
• Child support

Unfortunately, the divorce process is not always simple, and issues can drag out legally, ending the relationship for months or even years. Speaking with an experienced divorce attorney is the most effective way to build your case. They can help you build a realistic plan for your divorce by pinpointing your hard lines and the things you are willing to compromise on.

Same-Sex Divorce Concerns

Though most of the divorce process will be the same as with an opposite-sex divorce, there may be unique considerations for a same-sex divorce. These are:

• Domestic partnership. If you are in a domestic partnership instead of a marriage, you can still get a dissolution to end the partnership in California. A challenge some couples experience while divorcing is that they are legally in both a domestic partnership and a marriage.This situation arises because same-sex couples could enter a domestic partnership years before they could be legally married. If this occurs, the couple must first dissolve the domestic partnership and then proceed with a divorce.
• Parental rights. In California courts, child custody arrangements are always made with the child’s interest in mind. However, to be considered for custody, a person must have a legal right to the child. There can be complexities in recognizing the rights of non-biological parents in same-sex couples.Though these issues can arise in opposite-sex relationships, they are more common in same-sex relationships. Same-sex couples foster, adopt, and have stepchildren at much higher rates than opposite-sex couples.
• Residency requirement. One major exception for same-sex divorces pertains to the residency requirement. In most divorce cases, one person from the couple must have lived in California for six months, and one person must have been a resident of the county where they are filing for three months.The exception pertains to couples currently residing in a location that does not recognize their marriage. They can file for divorce in the county where they filed their marriage without meeting the residency requirement.

These concerns are why it is so important to speak with a divorce attorney who has experience with same-sex divorces. They can anticipate any potential issues and help you mitigate them before they cause problems.

FAQs

Is There a Residency Requirement for Same-Sex Divorces in California?

Typically, there is a residency requirement to get a divorce in California. One of the spouses must have lived in California for the past six months, and the divorce must be filed in a county where one spouse has lived for at least three months. This requirement, however, is waived for spouses who were married in California but do not currently live in the state. A California divorce attorney can help you determine if you qualify for the residency exception.

Can Mediation Help in a Same-Sex Divorce?

Mediation can help in a same-sex divorce. Mediation is an informal process that generally involves a meeting between spouses, their attorneys, and a mediator. The mediator, as a neutral third party, is meant to help the spouses reach an agreement on contested areas of the divorce. Though not all issues can be resolved in mediation, any issues resolved can help lessen the complexity of the divorce and allow for a faster resolution.

Do I Need an Attorney for a Same-Sex Divorce?

In Costa Mesa, there is no requirement to work with an attorney if you choose to divorce your spouse, regardless of whether your marriage is same-sex or opposite-sex. If you and your spouse agree on the divorce and can amicably resolve all the issues that arise during the divorce process, then it may be easier to resolve it yourself. However, divorce attorneys can be invaluable resources as you go through the process, especially if your divorce is contested.

How Long Does It Take to Finalize a Same-Sex Divorce in California?

The amount of time it can take for a divorce to be finalized depends entirely on the circumstances of your divorce. An uncontested divorce where the parties can agree on all the issues will generally be resolved faster, but there is a six-month minimum. California Family Code § 2339 states that the divorce cannot be finalized any sooner than six months following the petition for divorce.

Costa Mesa Same-Sex Divorce Lawyer

Though divorce is a difficult process, it does not need to be approached alone. A compassionate divorce attorney can make all the difference in both the emotional and legal outcome of your divorce. Engels-Janzen has helped countless same-sex couples navigate their divorce. If you are facing a divorce, reach out to our team today to see how we can help you through this transition.