Long Beach LGBT Divorce Attorney
Today in Long Beach, LGBT couples are allowed to get married. Since the day same-sex marriage was legalized in 2015, hundreds of thousands of people have walked down the aisle. That said, not all relationships are built to last. Same-sex couples who no longer want to be together also have the option of divorce.
LGBT divorce is a New Legal Specialty
Are you currently in a same-sex marriage and considering divorce? If so, it is important that you respect your rights and legal options. Because same-sex marriage is relatively new, laws and procedures governing same-sex divorce are still being developed. The fact is that not all divorce lawyers in Long Beach are able to help you manage your same-sex divorce. You will need the help of a compassionate lawyer who has a thorough knowledge of this rapidly evolving area of the law through his or her experience.
The truth is that divorce can be an incredibly stressful time in your life, especially when it involves children. The right lawyer will help you with all aspects of your divorce, including division of property, child custody, financial issues, etc. Join a Long Beach Same-Sex divorce Lawyer today to arrange a free consultation and learn more.
Understanding Your Rights When it Comes to Gay divorce in Long Beach
If you choose to divorce, you will also have to end your marriage. You will cease to enjoy the rights and privileges of married couples until the divorce is granted. This will allow you to regain your status as a single person. It is essential that you focus on this during your divorce.
Why is this important?
Property Division in LGBT divorce Cases
The State of California is known as a community property jurisdiction. As a result, each partner is entitled to half of all community property in the union. Community property includes all assets and liabilities that both partners own jointly. This usually includes everything that the spouses acquire, individually or collectively, after marriage. Here are a few examples:
- Wages and income
- Pension benefits
- Real estate
- Interest in a company or partnership
- Intellectual property and more.
There is also another type of classification of goods: separate property. Separate ownership is something that is individually owned by each spouse. It usually refers to property that you owned before you were married. Separate property that you came into the marriage with is yours when you get divorced.
In same-sex divorces, courts can hear cases where a couple has been together for more than 20 years but has only been married for a short period of time. In such cases, in order to divide the assets fairly, the courts may have to avoid the precedents of traditional asset division in favor of returning each asset to its rightful owner.
Full Disclosure Protects Your Rights
When you divorce, you are required to disclose all your assets and liabilities to your spouse. This allows you to ensure full transparency and to keep your assets and liabilities separate as well. You have a legitimate right to know all the property belonging to your spouse. If it was acquired after the marriage, you are likely to have an interest in the ownership of that land. Your LGBT divorce lawyer will keep accurate records of all property you and your spouse own. The right lawyer will work with experts to make sure that each item is valued correctly. This will help you ensure the best possible outcome for your same-sex divorce.
Child Custody in Gay divorce Matters
When married couples divorce, each party must share the responsibilities and rights of their children. These issues are somewhat more complicated when same-sex parents choose to divorce. Just because you and your partner are married does not automatically mean that you are still legally recognized as the parents of a child you have raised. The truth is that you can only have custody of your children if you are married:
- you are the biological parent of the child (where applicable, it may be necessary to determine paternity), or
- He took steps to legally adopt the child.
If you are not documented as the legal parents of your child, it can be much more difficult to get custody when you divorce. In fact, it is not an impossible task. When you and your child’s other parent cannot decide custody, a judge will step in and make decisions on your behalf. The courts will always want to do what is in the best interests of the child. When it is clear that it would be safer for your child to have you in his or her life, the court has the power to ignore the fact that you have not yet legally obtained parental rights.
Child Support Arrangements
When parents stay married to raise their children together, it is easy to ensure that a child’s financial needs are met. This usually makes it much more difficult when they choose to divorce. In a divorce, one parent retains the obligation to ensure that the child is properly cared for. The amount of support a parent agrees to pay to a child depends on the following:
- each parent’s financial situation (for example, income, assets, work)
- The ability of each parent to contribute and
- The couple’s custody agreement.
In general, the custodial parent usually shares a smaller share of the burden of child support payments. The custodial parent appears to spend more time with the child, provides housing and generally assumes a variety of regular expenses. As a result, the non-custodial parent (or the parent with less custody) will often be required to pay child support.
You have a legal right to make sure that child support obligations are properly determined. Your lawyer will make sure that all the details of a child support decision are disclosed. If you are the parent of a child in custody and you are asking for child support, your lawyer can help you get the money the child needs. And if you are a parent who is not in prison, your lawyer can make sure that you do not offer more money than is absolutely necessary.
LGBT divorce Spousal Support
In LGBT divorce cases, alimony, more commonly known as child support, may be an option. It is usually granted in situations where one spouse earns much more than the other. This often applies to a situation where one spouse leaves work to stay at home and care for the family and/or to serve as a support system for the other spouse’s career and education. The spousal maintenance allowance is intended to enable a low-income spouse to acclimatize to life after divorce at a standard of living to which he or she has become accustomed.
The duration of the maintenance allowance often depends on the length of the marriage. Since same-sex marriage was legal for only five years at the time this article was written, divorcing same-sex spouses are generally eligible for maintenance only for a short period of time.
Gay divorce in Long Beach: The Residency Requirements
The Golden State imposes a residency requirement on heterosexual couples who divorce. For LGBT couples, this fact is not the same.
Why is that different?
The reason is that California has been one of the few states to support for years the right of same-sex couples to marry. That’s why LGBT couples from all over the country have come to the state to make the connection. They may now have difficulty getting a divorce in their home state. Even though marriage is legal throughout the country, many states make it very difficult for couples to exercise their rights. As a result, getting a divorce may take longer or be a long and tedious process.
The State of California also exempts same-sex couples from the residency requirement. The state will allow couples who married in the state to apply for divorce regardless of their current residence. However, it is important to understand that California may not be able to take jurisdiction over certain legal issues relating to divorce. That said, it is essential to work with a lawyer who can help you deal with these very complicated situations.
Be Aware That Your divorce Will Take At Least Six Months
divorce is not something you can start and finish in a few days. It is a reality, even if you and your partner are able to agree on all aspects of the break-up. California law requires that the divorce process take at least six months. Usually the countdown begins when the spouse who filed for divorce (the petitioner) serves the divorce papers on the other spouse (the respondent).
The judge has the power to consider the divorce application after six months. However, until you have reached an agreement on all the relevant terms of your separation, the court will not sign. These include issues such as division of property, custody and access.
Alternatives to Gay divorce in Long Beach
In Long Beach, divorce is not the only way to end a marriage. There are other directions you can take that are less expensive and less time consuming. You and your spouse can only access these options if you meet the minimum requirements.
Annulment: Annulment is a way to end an invalid or annulled marriage. Simply put, annulment offers you a way to end a marriage that was never really valid. A marriage can be invalidated or annulled if:
- The marriage certificate has never been presented
- Spouses are related by blood
- On the day of the marriage, one (or both) of the spouses was still married to another
- One (or both) of the spouses has not reached or exceeded the minimum age requirement
- The spouse has some form of physical or mental disability, or
- Marriage is based on fraud.
In the eyes of the law, when a marriage is annulled, it is as if it never existed.
Summary Dissolution: A summary dissolution can help young couples who have not been married for a long time. If you have been married for less than 5 years, you can apply, not have children together and not own property together. If you opt for a summary dissolution, divide the marital property you need.
Legal separation: Technically, legal separation does not end the union. However, it does allow you to get away from your partner a little while enjoying the conjugal benefits. When you are separated, you can continue as if you were single, but you can still enjoy the health, tax and retirement benefits of married life.