Riverside LGBT Divorce Attorney
Today, LGBT couples in Riverside are allowed to get married. Hundreds of thousands of people have walked down the aisle since the day same-sex marriage was legalized in 2015. That said, obligations are not always designed to last. There is also the possibility of divorce for same sex couples who no longer want to be together
LGBT divorce is a New Specialty for Attorneys
Are you still in a gay marriage and exploring options for divorce? If so, it is important that you respect your rights and legal choices. Since same-sex marriage is a fairly recent trend, same-sex divorce laws and procedures are still on the rise. The truth is that not all divorce lawyers in Riverside will be able to help you deal with your same-sex divorce. You will need the support of an experienced divorce lawyer who is well versed in this rapidly evolving area of law.
The reality is that divorce can be an extremely stressful time in your life, especially if it involves children. The right lawyer will help you with all aspects of your divorce, including division of property, custody, financial matters, etc. Contact a Riverside Gay divorce Lawyer today to schedule a free consultation and learn more.
Understanding Your Rights When it Comes to Gay divorce in Riverside
If you choose to divorce, you must also end your marriage. Both of you should stop enjoying the freedoms and privileges granted to married couples until the divorce is finalized. This will allow you to regain your single status. It is important that you focus on this when you are dealing with your divorce.
Why is this important?
Property Division in LGBT divorce Matters
The Golden State is among the many that are known as Community Property States. As a result, each partner is entitled to half of all Community property in the Union. Community property includes all assets and liabilities that are jointly owned by both partners. This generally includes everything that the spouses get, individually or collectively, after marriage. Here are a few examples:
- Wages and bonuses
- Immovable properties
- Retirement Accounts
- Company interests or alliance interests
- Intellectual properties, and more.
There is another form of property classification, too: separate. Separate property is something which each partner owns separately. This usually applies to property that you owned before you got married. The separate property for which you came into marriage is yours to keep in the event of a divorce.
In divorces of the same sex, the courts can hear cases in which a couple has been together for more than 20 years but has only been married for a short time. In these cases, court will have to reject the precedents of conventional asset division in favor of providing each asset to the rightful owner in order to distribute the assets equally.
Protect Your Rights via Full Disclosure
When you divorce, you must disclose all your assets and liabilities to your partner. This ensures full accountability because assets and liabilities are relatively different. You have the right to know all the land your spouse owns. If it was purchased after the marriage, you will likely have an interest in owning the property. Your LGBT divorce lawyer must be sufficiently responsible for the property you and your partner own. The right lawyer will work with experts to ensure a fair valuation of each piece of property. This will help to ensure the best possible outcome for your same-sex divorce.
Child Custody in Gay divorce Matters
If married couples are divorced each party has to share the obligations and rights of their children. These matters get much more complex when same-sex couples want to split up. Even because you and your wife are married does not necessarily mean that a child you rear is still legally accepted as a parent. The reality is you will only have the rights to child custody if you:
- Are you the child’s parent biologically (if necessary, paternity can need to be determined), or
- Did you follow the requisite steps to adopt the child legally?
If you are not identified as the legal parent of your child, it can be far more difficult to secure custody rights in your divorce. That, in truth, is not an impossible feat. When you and your child’s other parent are unable to agree on custody, a judge will be involved and will make decisions on your behalf. The courts will always want to do whatever is in a child’s best interests. If it is clear that having you in his or her life would be better for your child then the court has the power to ignore the fact that you have not yet acquired valid parental rights.
Child Support Arrangements
If parents remain in a marriage and raise their kids together, it’s easy to ensure that a child’s financial needs are met. It usually makes it even easier to divorce when they agree. After a divorce, a parent also has the responsibility to ensure a child is well looked after. The amount of money a parent is contributing to raising a child would depend on:
- Financial status of each parent (e.g. income, properties, employment)
- Potential of each parent to participate, and
- A child custody arrangement between the parents.
The parent in custody usually bears a larger portion of the cost of paying child support. The parent with physical custody tends to be spending more time with the child, providing accommodation, and usually attending to the daily expenses. As a result, the non-custodial parent (or the parent with a smaller custody time-share) will always be expected to pay compensation.
You have the legal right to ensure that obligations to child care are appropriately set. Your attorney must ensure that all information related to a decision about child support is disclosed. When you are the parent of a child in care and apply for assistance, your lawyer will help obtain the funds that your child needs. Even if you’re a parent who isn’t in prison, the lawyer will make sure that you’re not giving more money than is absolutely required.
LGBT divorce Spousal Support
Spousal assistance, more commonly known as alimony, may be an option in the case of LGBT divorce. It is usually granted in cases where one partner receives much more than the other. It is also a scenario in which one spouse leaves work to live at home and care for the family and/or be the support system for the other spouse’s work and education. The spousal maintenance allowance is intended to enable the low-income partner to acclimatize to a standard of living to which he or she has become accustomed after the divorce.
The duration of the maintenance allowance also depends on the length of the marriage. Since same-sex marriage was legal for only five years at the time of this article, divorcing same-sex partners are generally entitled to support only for a short period of time.
Gay divorce in Riverside: The Residency Requirements
California law imposes a residency restriction on divorcing heterosexual couples. The point is not the same for LGBT people.
Why is that?
The reason for this is that for years, California has been one of a few states that recognize the same-sex couples’ right to marry. This is why LGBT couples around the country visited the state only to tie the knot. Now, these people can find it difficult to get a divorce back in their home states. While marriage is lawful nationally, couples are made very difficult by many states to exercise their rights. Consequently, it may take longer to get a divorce or be a lengthy, drawn out process.
The state of California also waives the same-sex couple’s residency provision. The state would require couples who are married in the state to seek a divorce regardless of where they actually live. Nonetheless, it is important to recognize that California does not have jurisdiction over certain legal issues which affect your divorce. That said, it’s important to consult with an attorney who will help you navigate through these very complicated circumstances.
Your divorce Will Take a Minimum of Six Months
divorce isn’t something that you can begin and end in a matter of days. That’s a fact even though you and your partner can agree on any aspect of the breakup. California law stipulates that divorce proceedings must take a total of six months. The countdown usually starts when the partner (the petitioner) who filed the divorce request has the divorce papers already served on the other partner (the respondent).
The judge has the authority to review the petition for divorce after six months. That said, the judge won’t sign until you reach agreement on all of the necessary aspects of your break up. This covers things including land separation, child custody, and visitation.
Alternatives to Gay divorce in Riverside
Divorced in Riverside isn’t the only way you can end your marriage. There are other ways you can go along which are less costly and less time consuming. Only if you meet the minimum criteria will you and your spouse be able to use those choices.
Annulment: An annulment is a way of terminating a null or voided union. Annulment in plain English gives you a way to end a marriage that was, in fact, never legitimate in the first place. A marriage can be null and void if:
- No marriage certificate was ever filed
- The partners are blood related
- Either (or both) partner was already married to another on the wedding day
- One (or both) partners neither met nor exceeded the minimum age criteria
- A partner exhibits some physical or mental disability, or
- Matrimony is focused on deceit.
When a marriage is annulled in the eyes of the state, it’s as though it never existed at all.
Summary Dissolution: A summary dissolution will benefit young people who have not been married for a long time. If you have been married for less than 5 years, you can apply, you have no children and you do not own any real estate. When you agree to a divorce in summary proceedings, you will be obliged to divide the marital property you have.
Legal separation: technically, the marriage does not end with a legal separation. However, if you still have conjugal benefits, this allows you to move away from your partner a little. If you divorce, you can continue as if you were single, but you can still enjoy the health, tax and pension benefits of a married person.