Same Sex Divorce Attorneys in San Diego

Same Sex Divorce Laws in California

California has recognized same-sex marriage since 2013, when the Supreme Court struck down Proposition 8, which had banned same-sex marriage in the state. As a result, same-sex couples in California have the same rights and responsibilities as opposite-sex couples when it comes to divorce.

The divorce process for same-sex couples in California is the same as for opposite-sex couples. Either party can file for divorce by completing and submitting a Petition for Dissolution of Marriage to the court. The petition must include information about the couple’s assets, debts, and any children they have. The other party must then be served with the petition and given an opportunity to respond.

California is a “no-fault” divorce state, which means that a divorce can be granted without either party having to prove that the other did something wrong. Instead, the court will grant a divorce if it finds that the marriage has been irretrievably broken.

Same-sex couples who are divorcing in California will need to divide their property and debts, just like opposite-sex couples. California is a community property state, which means that property and debts acquired during the marriage are generally divided equally between the spouses. However, there are exceptions and nuances to this rule. Additionally, same-sex couples who have children will need to work out custody and visitation arrangements, just like opposite-sex couples. California law requires courts to make decisions about custody and visitation based on the best interests of the child.

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Types of Divorce Offered in California

As a same-sex couple living in San Diego, California, you have the same divorce options available to you as any other couple. Each divorce option has their pros and cons so it is important to understand each option and choose the option that makes the most sense for your situation.

Uncontested Divorce: This is the most straightforward and least expensive type of divorce. In an uncontested divorce, both parties agree on all the terms of the divorce, such as property division, child custody, and support. They then submit their agreement to the court for approval, and if the court approves it, the divorce is finalized. This option is best suited for couples who have little or no property, no children, and can agree on all the terms of the divorce.
Mediated Divorce: In a mediated divorce, the couple works with a neutral third party, known as a mediator, to negotiate the terms of their divorce. The mediator helps the couple communicate and work out their differences in a cooperative and respectful manner. Once the couple reaches an agreement, the mediator puts it in writing and submits it to the court for approval.
Collaborative Divorce: Collaborative divorce is a process where each party hires their own attorney, but instead of going to court, they work together to reach an agreement. Collaborative divorce can be a good option for couples who want to avoid the adversarial nature of a traditional divorce and who are committed to working together to reach a fair settlement.
Contested Divorce: In a contested divorce, the couple is unable to agree on all the terms of the divorce, and the case goes to trial. Each party presents evidence and arguments to the court, and the judge makes a final decision on issues such as property division, child custody, and support.

Same-Sex Couples Married in Different States

Same-sex couples who were married in states outside of California but now live in California and want to get a divorce can do so under California law. California recognizes same-sex marriages that were legally performed in other states, as well as marriages that were performed in foreign countries where same-sex marriage is legal. To get a divorce in California, the couple must meet the residency requirements. Either spouse must have lived in California for at least six months before filing for divorce, and they must file their divorce petition in the county where they currently reside.

If you are a same-sex couple who was married in another state and wants to get a divorce in California, it’s a good idea to consult with an experienced family law attorney who can advise you on the legal issues that may arise and help you navigate the divorce process.

Hiring an Attorney that Specialize in Same-Sex Divorces in San Diego

Regardless of where you were married, if you are considering a divorce it is crucial to hire an attorney that is experienced in handling same-sex divorces in San Diego. Aside from having a deep understanding of divorce laws in California, you want an attorney who has a better understanding of the unique challenges faced by LGBTQ+ couples. They will be more sensitive to the needs and concerns of their clients and better equipped to handle cases involving issues such as discrimination, harassment, and bias. The most important thing a good divorce attorney should do for any of their clients is be an advocate for them. Your attorney should be someone you not only feel comfortable with, but they should be someone you would trust to represent your best interests on behalf of you in the event of your absence. Hiring an attorney who specializes in same-sex divorces in San Diego can be crucial in ensuring that your divorce is handled effectively and efficiently. They will have the knowledge, experience, and advocacy skills necessary to protect your rights and assets and help you to achieve the best possible outcome of your case.

Schedule a Consultation with One of Our Same-Sex Divorce Attorneys

At Fair Cadora, we specialize in same-sex divorces. We recognize that dividing complex financial assets and properties can be challenging, and that’s why we offer our clients a team of experienced divorce attorneys with expertise in handling divorce cases in San Diego. Our attorneys have extensive knowledge of the legal issues surrounding same-sex divorce, including property division, child custody, and support. We offer a consultation to all potential new clients, where we take the time to listen to their concerns, answer their questions, and determine the best legal options for their case. Regardless of where you are in the process, our team is committed to providing you with personalized attention and support to help you achieve the best possible outcome. Contact us today to schedule a consultation with one of our experienced same-sex divorce attorneys in San Diego.

Same-Sex Marriage