LGBTQ Divorce Lawyers in Woodland Hills
Call (818) 938-2007 for Experienced & Compassionate Legal Services in the Greater Los Angeles Area
In 2015, same-sex marriage became legal in all fifty states in the country and was a substantial victory for LGBTQ+ rights in the United States. However, same-sex couples experience marriage issues similar to heterosexual partners, resulting in divorce.
Due to the complexities of the divorce process, our Woodland Hills divorce lawyers at Taub & Taub, P.C. can help you obtain a favorable outcome. With more than four decades of collective experience, we understand what it takes to help you achieve your legal goals.
The Challenges Same-Sex Couples Face Throughout the Divorce Process in Woodland Hills
LGBTQ couples are entitled to the same rights and benefits as heterosexual couples who file for divorce. The process starts when one spouse files a request to dissolve the marriage, while the other spouse is served the paperwork.
In order to file for divorce in California, you and/or your spouse must be state residents for at least six months and Los Angeles County residents for at least three months prior to the divorce. Since California is a no-fault state, you can end your marriage due to irreconcilable differences.
However, there are several unique challenges same-sex couples experience. For example, when it comes to child custody matters, the judge cannot assume that both parents are the biological parent. Even if the couple obtained the assistance of a surrogate parent to have a child, the parent without biological ties to the child could be denied parental rights if he/she failed to adult the child. Furthermore, judges may have their own biases when granting child custody in same-sex divorces.
Regarding property division, while same-sex marriage has been legal for over three years, many couples have been unofficially together for much longer. This means that some assets which a couple considers marital property could be viewed as separate property in the eyes of the court.
Our Woodland Hills divorce lawyers can assess your situation, figure out your available legal options, and help you come to a favorable agreement with your spouse.
Let Our Woodland Hills Divorce Attorney Help You Today
Our LGBTQ divorce lawyers has extensive knowledge of California family law. We can help you navigate the complexities of your divorce to ensure your rights and best interests are always protected. Whether you reach a final divorce agreement through mediation or court litigation, we can help you get started on your next chapter in life.
For more information about same-sex divorce, contact us and schedule a confidential consultation today.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 818-938-2007 today!
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What happens if my spouse is hiding assets during the divorce?
Both spouses in a California divorce are legally required to exchange Preliminary Declarations of Disclosure, which are full financial disclosures covering all assets, debts, income, and expenses. Hiding assets is a violation of California law and can result in serious court sanctions. California Family Code section 1101 gives courts the power to award up to 100 percent of an undisclosed asset to the other spouse as a penalty for deliberate concealment.
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What happens if my spouse is hiding assets during the divorce?
Both spouses in a California divorce are legally required to exchange Preliminary Declarations of Disclosure, which are full financial disclosures covering all assets, debts, income, and expenses. Hiding assets is a violation of California law and can result in serious court sanctions. California Family Code section 1101 gives courts the power to award up to 100 percent of an undisclosed asset to the other spouse as a penalty for deliberate concealment.
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How is property divided in a California divorce?
California is a community property state. Under California Family Code section 2550, all assets and debts acquired by either spouse during the marriage are generally considered community property and subject to equal division. This includes income earned during the marriage, real estate purchased during the marriage, retirement contributions made during the marriage, and debts accumulated by either spouse. Separate property, meaning assets owned before the marriage or received as a gift or inheritance during the marriage, typically remains with the original owner and is not divided.
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Does California require one spouse to be at fault for the divorce?
No. California is a no-fault divorce state. The only ground required is irreconcilable differences, meaning the marriage has broken down and cannot be repaired. Neither party needs to prove infidelity, misconduct, or any wrongdoing to obtain a divorce.
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What are the residency requirements to file for divorce in California?
At least one spouse must have lived in California for a minimum of six months immediately before filing, and must have lived in the county where the petition is filed for at least three months. If you do not yet meet the county requirement, you may be able to file for legal separation in the interim and convert to a divorce petition once the residency threshold is satisfied.