Same-Sex Divorce

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Legal Guidance for Same Sex Divorce in California

Next Legal’s LGBT divorce lawyers understand the nuances of same-sex marriage laws in California and provide inclusive legal guidance, backed by legal expertise, empathy-driven counsel and experience. Our same sex divorce attorneys deliver the right advocacy and recommend practical solutions, keeping your best interests in mind.

Here’s what you can expect from the Next Legal team:

  • Inclusive and strong legal representation

  • Experienced same sex divorce lawyers

  • Strategic legal counsel for complex same-sex divorce issues, including asset division, custody, support and visitation rights

  • Discreet client communications and privacy

  • Focus on mediation and negotiation for speedy resolution

  • Personalized legal strategies

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Our Family Law Services

Next Legal’s top-rated family law attorneys combine legal expertise, local knowledge of specific court procedures and judicial nuances with a steadfast commitment to resolution-focused strategies. 

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What Same Sex Divorce Means in California

California’s Family Code applies the same no-fault divorce principles governing regular marriages to same-sex divorces. This gives same sex couples the right to dissolve their marriage or registered domestic partnership. However, there are exceptions when it comes to residency requirements, which vary from case to case. Couples will still have to undergo a 6-month waiting period before the legal dissolution of marriage.

Next Legal’s experienced LGBTQ+ family lawyers come highly recommended for their expertise in resolving custody, support, property or complex same-sex marriage issues under California’s formal legal framework. Our same sex divorce lawyers provide clarity, discretion and strategic insight to support informed decision-making and ensure your rights are fully protected.

Our offices are based in San Francisco, Silicon Valley, Los Angeles and Newport Beach. Book a consultation today. 

Understanding the Complications In LGBTQ+ Divorces

LGBTQ+ divorces can come with their fair share of legal challenges, especially around retroactivity. Under California law, same sex marriages begin from the date of registered domestic partnership or when legal marriage has been established. For many couples who lived together before marriage equality laws were enacted, this can present complications.

For instance, same sex couples who moved to California to legalize their union may face jurisdictional hurdles for out-of-state property. Determining community property and the duration of marriage for alimony and tax implications of such property may also present legal challenges. Our same sex marriage divorce attorneys provide tailored and strategic guidance to ensure equitable outcomes.

How the Same Sex Divorce Process Works with Us

Next Legal’s same sex divorce lawyers are some of the best in the business and come fully equipped to support you through every step of the divorce process. We understand the nuances of same sex marriage laws and the California family code. Our LGBTQ+ family attorneys are committed to protecting your emotional and financial well-being while ensuring fair outcomes.

Our same sex divorce process is designed to be inclusive, sensitive and discreet. We carry out a comprehensive review of your relationship timeline to identify legal milestones such as the date of registration of your domestic partnership or legal marriage. Next Legal’s attorneys specialize in divorce for gay couples, ensuring the process is transparent and maintaining clear communication so that you have clarity at every step.

We priortize mediation and negotiation because we believe it leads to better outcomes and speedier resolution. However, we’re also prepared to provide robust advocacy if litigation becomes necessary.

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Alimony for Same-Sex Couples

California Family Code section 4320 governs alimony or spousal support and applies to same sex couples. Alimony calculations take into account several factors, such as marriage duration, earning ability, income, health, age, etc., in a bid to ensure equitable outcomes.

For same sex couples, a common point of contention is marriage duration, especially when they’ve lived together in a long-term domestic partnership before legal marriage was available. The LGBT divorce lawyers at Next Legal provide strategic legal counsel and data-driven arguments to support fair and equitable outcomes that protect your financial security.

What our Clients are Saying

  • They made me feel like part of their family, safeguarded and supported at every step.

    I have complete faith in their guidance, and thanks to them, I have achieved remarkable victories. My children are now with me after enduring difficult times when I could only see them for a few hours per month, while their father, who was subjecting them to physical and emotional abuse, had custody.

    Erika Rendon

  • Definitely use this law firm!

    My attorney and her team helped me secure one half of a financial profit from a house sale that was legally mine. My separated husband refused to give me this money after leaving me and I needed it to protect myself and my child financially.

    Sabrina Hunter

Dividing Marital Assets in a Same-Sex Divorce

California laws follow the 50/50 division rule for community property. However, for same sex couples, who have acquired property before legal marriage laws were enacted, the division of marital assets during divorce presents a challenge. Commingled assets like these require forensic accounting to trace separate property contributions.

Additionally, if there’s been a breach of fiduciary duty, misappropriation of funds or personal property, and certain types of assets, courts can also deviate from the 50/50 rule.

Updated Registered Domestic Partnership (RDP) laws in California treat the property acquired during the duration of the domestic partnership as community property. However, these are subject to specific statutory changes and when the domestic partnership was registered. Next Legal’s same sex divorce attorneys work with forensic experts and ensure accurate, fair asset division to protect your interests.

Children & Custody for Same-Sex Couples

Children and custody are points of contention in any divorce, but for same sex couples, there can be additional complications. This is especially the case if either parent is not biologically related or hasn’t completed a formal second-parent adoption process. 

Our LGBTQ+ family lawyers help non-biological parents obtain rights as presumed parents based on their degree of involvement and willingness to participate in their child’s life.

We understand that LGBTQ+ family structures require sensitive handling and are led by empathy to provide you with a compassionate legal approach that protects your family’s interests. Our same sex divorce lawyers negotiate parenting plans, custody and visitation rights, ensuring your child’s best interests.

Our Professional Expertise in High Net Worth Same Sex Divorces

Next Legal has extensive experience and professional expertise in handling high net worth same sex divorces, which require utmost discretion and a sophisticated understanding of California divorce laws. From complex financial structures and diversified asset portfolios to international investments and private business valuations, you can count on us for reliable and expert legal counsel.

Our LGBTQ+ family attorneys provide highly specialized and strategic advice alongside technical precision to protect your financial interests. We strongly believe in using mediation and negotiation to keep your personal life and financial accounts out of public records, ensuring your privacy and dignity.

Next Legal’s top-rated same sex divorce attorneys combine legal expertise, local knowledge of specific court procedures and judicial nuances with a steadfast commitment to resolution-focused strategies. Our proactive approach and decades of courtroom experience have allowed us to gain critical insight into probable same sex divorce outcomes.

Our local expertise with the California court system has helped us provide our clients with realistic advice and design same sex divorce settlements that judges are more likely to approve. This saves our clients time, money and frustration while reducing conflict and creating durable outcomes.

We understand same sex divorce issues are complex, emotionally charged and tough to navigate. At Next Legal, we provide support at every step of this journey, assuring you of empathy-driven counsel, keeping your best interests in mind. 

Why Choose Next Legal for Same Sex Divorce

  • The Next Legal team of top-rated same sex divorce lawyers has a proven track record of successful, mutually beneficial outcomes for same sex family law cases in California. Our proactive, empathetic approach is shaped by decades of courtroom experience and resolution-focused strategies, helping families navigate complex issues with greater confidence.

    We believe transparency and clear communication are the cornerstones of effective mediation in same sex divorce cases and play a vital role in attorney-client relationships. Our initial legal consultation is designed to offer you clarity, where we recommend the best possible pathway for your situation. You can expect discretion, legal expertise, consistent communication and compassionate support every step of the way.

    Book a consultation today. Our offices are based in San Francisco, Silicon Valley, Los Angeles and Newport Beach.

  • It’s important to have a clear understanding of your rights, be it in matters of custody, support or property matters. We recommend consulting with an experienced same sex divorce attorney before filing for same sex divorce.

  • Yes. The California family code is gender neutral and focuses on preserving the best interests of the child. So both parents can have legal custody of the children for their physical and financial well-being.

  • Yes. Under California laws, same sex marriages and divorces are governed by the same set of laws that apply to regular marriages.

  • Same-sex couples can access state and federal benefits like regular couples, including social security, spousal support, tax, and inheritance.

Same-sex divorce can involve unique legal and personal considerations, particularly around parental rights, financial arrangements, and asset division. Below are answers to some of the most common questions we receive from clients navigating same-sex divorce proceedings in California.

FAQs

Disclaimer and Legal Notice

Laws evolve constantly, and past results do not always guarantee future outcomes. The information we’ve shared does not constitute formal legal advice, and we highly recommend booking a legal consultation with one of our experienced LGBTQ+ family lawyers.

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