Same-sex couples who decide to divorce must endure the emotional pain of losing a partner, but they shouldn’t have to endure unfair divorce proceedings. To make sure your interests are protected during your divorce, contact a San Bernardino same-sex divorce attorney.
When your marriage ends, you have to deal with the separation of assets, child custody, and a host of other issues on top of the emotional pain you’re feeling. During a same-sex civil union dissolution or divorce, you deserve to have your voice heard and your rights protected.
Working with a San Bernardino same-sex divorce lawyer from the Law Office of Laurence J. Brock will make the process easier.
Depending on when you and your partner committed to each other, same-sex marriage may not have been legal. Couples who entered into a civil union have similar legal rights to married couples.
If you’re in a civil union, you’ll need to request a civil union dissolution instead of a divorce. While the process is similar, the paperwork is different and there are some nuances your San Bernardino same-sex divorce attorney will understand.
In a divorce, same-sex married couples go through the same legal process as other married couples.
In a civil union dissolution or divorce, a couple’s assets are usually divided. To protect yourself financially, it’s wise to hire an attorney.
If you entered the marriage with assets, it may be possible to keep them. However, this depends on whether you were using them as a couple and the case your lawyer makes.
For example, if you owned a rental property prior to the marriage, you are likely going to be able to keep it. If you owned a home that you then shared together, the value of that home is likely to be divided between you and your partner.
If one member of a divorcing same-sex couple is a child’s birth parent, the issue of custody and visitation can become complicated. That’s why you’ll want a San Bernardino divorce attorney who has experience representing same-sex couples.
In any divorce, a judge will look to give both parents time with the children if at all possible. You must demonstrate that you are the child’s parent and have custodial rights. That’s the main hurdle, and it’s one your lawyer can help you with.
Afterward, the judge will review evidence, listen to testimony, and make a decision based on the best interest of the children.
A judge’s job is to determine what is going to be the most stable, healthy, and safe atmosphere for the child when awarding custody. If both parents are equally capable, custody is likely to be joint.
In a same-sex divorce or civil union dissolution, a judge can award alimony or spousal support. The amount will depend on the arrangement during the marriage and whether one partner supported the other. A judge will also consider factors like the following:
If you would like alimony or are concerned that you might have to pay it, speak with a San Bernardino same-sex divorce attorney.
These are only a few of the legal aspects of same-sex divorces and civil union dissolutions. To discuss your case in further detail, call the Law Office of Laurence J. Brock at 909-466-7661 to speak with a San Bernardino same-sex divorce lawyer. You may also reach out via the online contact form below.