Same-sex marriage might be legal in California, but there are notable differences in divorce proceedings. However, many of these hurdles can be avoided – or at least diminished – with preventative action.
Below are some of the main aspects to consider by same-sex couples on the verge of divorce. There might be complications with the distribution of assets and spousal support on time considerations; establishing custody and visitation rights for kids based on legally established parentage; and hindered access to employment information, to mention just a few. You can also view Jensen Family Law website for further information and enlightenment.
1. Time is of the Essence
When it comes to same-sex divorce, time has a great impact on the outcome of the case. When the union begins will determine how property will be divided and spousal support will be set. The lower-earning spouse can have a better chance at financial support if the marriage was longer. In this case, prior cohabitation can pose a possible issue concerning the union’s length and property division, and in the case that they have a child and cannot find a way to agree on custody terms then a child custody lawyer will have to intervene.
Cohabitation figures into the equation for many couples who formed before same-sex marriage was legalized in California. This was first legalized in 2008. However, it did not last long. After only five months, a ban was approved on the issue. It was only in 2013 that the U.S. Supreme Court ruled to lift the ban, and same-sex couples could legally marry.
2. Have Parentage Established Before the Divorce
Parentage presumptions apply to opposite-sex couples. If a child is born during the marriage, the mother’s husband is presumed to be the father. However, this does not apply to same-sex couples. So, legally establishing parentage is an additional aspect to clarify.
The couple needs to be legally recognized as the parents of the child before the divorce proceedings commence. Having this aspect sorted will ease establishing custody and visitation rights.
3. Hindered Access to Employment and Account Information
Same-sex couples meet additional hurdles during their divorce process. One of these hindrances is access to certain information. Although employers must show equal treatment to same-sex spouses, if one does not volunteer to disclose information, the other spouse might find it a challenge to access employment and or account information.
4. Seek Expert Help
A divorce can be a messy process for any couple. Nobody needs added complications. If there are disagreements between spouses regarding how to move forward, it is recommended to contact a mediator or a family law attorney. The sooner, the better, as it can prevent things from escalating. Some courts do provide mediation services to couples. This is a voluntary process that helps both parties talk things over before moving ahead with legal proceedings.
Many recommend seeking advice from a mediator before turning to lawyers. The role of a mediator specialized in family law is to inform both parties of the legal aspects and typical proceedings while trying to mitigate tension. Since same-sex divorce comes with its specific set of challenges, this can be the source of added tension. So, having a qualified expert to talk things over with can help eliminate some of the uncertainty and set a clear course of action.
Couples can also seek counsel from a qualified divorce attorney in California. An experienced divorce lawyer can help both parties tackle the above-mentioned problematic issues. Since the law is blurry regarding some aspects of same-sex divorce, we advise having an expert at your side. They are familiarized with the law and can help the client steer clear of possible hurdles.
One Final Advice
Divorces in California revolve around: termination of the marital status, division of assets, spousal support, and custody if children are involved. In many cases, legal complications are avoidable.
For example, concerning custody and visitation rights, legally establish parentage before the divorce proceedings begin. Other issues can be avoided if both parties agree amicably. So, our final advice is this: have an honest discussion about your future apart and remain open to each other’s needs.
About the author:
While she had a solid education in law, Lynda King wanted more than a job as a lawyer. She knew that people needed information and a better understanding of everyday legal matters, so she began writing articles and guidelines to educate individuals and businesses. Now, Lynda is collaborating with Farzad & Ochoa Family Law Attorneys, being proud that her knowledge and writing talent are helping everyone every day.
