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Same-Sex Divorce: What You Need to Know

In almost every way, divorce for same-sex couples is the same as heterosexual divorce.  Perhaps the only difference is that, for same-sex couples, gender stereotypes do not come into play in the courtroom.  However, this may not necessarily make the divorce process any easier.  You will have to determine asset and property division, child custody, and support. Child custody is one aspect of same-sex divorce that may involve specific difficulties. Our divorce attorneys at Bremer Whyte Brown & O’Meara can help ease the stress and protect the best interests of you and your children.

Things to Consider in a Divorce

A divorce in California can often be handled rather quickly and smoothly if you and your ex can agree on the resolution of the issues.  

California divorce may involve:

  • Dissolving a marriage or domestic partnership in California requires that one or both spouses live in California for a minimum of 6 months and live in the county in which they are filing.  Domestic partnerships are viewed like divorce and some couples can be bound by both marriage and a preceding domestic partnership.
  • Same-sex marriages and child custody can be tricky in that the factors of the child’s birth parent(s) come into play.  If the child was born or adopted prior to the marriage, the parent who is not biologically tied to the child or who is not on the original adoption papers will not automatically share custody.  In addition, if a child is related to one parent by blood and not the other, the non-blood-related parent may face challenges in custody, even if the child was born after the marriage took place.  These difficulties make hiring an experienced divorce attorney critical. It is often wise to proceed with legal adoption if you are not already legally bound to one or more of your children to narrow some of the issues if custody becomes a problem in the future.
  • Co-mingled assets and property are usually divided evenly between spouses. This includes joint accounts, property purchased during the marriage, and any assets purchased using income earned during the marriage. Proof of prior ownership will fall on the individual spouse for any property that you do not want to be considered community property. There are also other factors which come into play and which may impact the division of property.

The factors in every divorce are unique and can best be handled by seasoned, compassionate divorce attorneys from our team.  We understand that emotions and stress can make the divorce process difficult and we want to help make yours easier.

Our Newport Beach Divorce Lawyers Can Help

Same-sex divorce is like traditional divorce in many ways, but there are a few unique circumstances that set it apart despite advancements in much of California policy.  Our Newport Beach divorce attorneys can help with child custody arrangements, asset, and property division, spousal support, and child support.  We understand that a family unit is not determined solely by the sex of the parent.  Let us be your guide through the often frustrating and complicated process of divorce so that you can move forward to a brighter future.

Contact our team to discuss your divorce today at (949) 229-8546.

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