How Can A Same Sex Divorce Attorney Help You In Your Divorce Case

same sex divorce attorney

If you and your partner have entered into same sex marriage, but unfortunately the relationship didn’t work, you’re probably thinking of legally divorcing your partner now while ensuring your rights are properly represented at the same time.

Good thing, some lawyers specialize in same sex divorce cases since same sex marriage have been legalized in July 2015 in the United States.

And if you’re about to embark on this legal process soon, then it’s a must to continue reading today’s entry as we are going to discuss how can a same sex divorce attorney help you in your divorce case.


The Basics

LGBT Parents

Just like in a divorce of heterosexual marriage, every US state offers a “no-fault divorce” option for same sex divorce cases so that you and your partner won’t have to air out any ‘dirty laundry’ in front of the judge. This basis is commonly known to many as a usual reason for divorcing due to “irreconcilable differences.” However, some states do offer a fault-based divorce process so you can use marital misconduct against your spouse.

Even so, the judge will still divide marital properties and settle issues of child custody and support (if appropriate) on both no-fault and fault-based divorce cases.

Complications Of Same Sex Divorce

You can file for same sex divorce if you’re both registered for a civil union or domestic partnership. However, if you got wed before homosexual marriage became law in 2015, you can still file for dissolution of marriage provided you and your partner meet the minimum residency requirements (6 months). Aside from that, you also need to have a legal counsel who is familiar with the same sex divorce process as well as the state-specific laws to have proper representation in court.

Unfortunately, it is expected that you and your partner will go through a grueling, frustrating, and complicated divorce process, especially if you got married before same sex marriage was legalized.

Division Of Properties

This is one of the areas where the couple often has conflict. So to avoid complications, it is recommended to hire a same sex divorce lawyer who is adept at working out details of your properties in such a way that it will benefit you without being unfair to your spouse.

In a same sex divorce, the judge will split the couple’s property(ies) and debts equally. But if in case you or your spouse bought a property before your marriage, then it will be categorized as separate property even if you’re both living together before joining in matrimony.

Overall all, the separation of properties and assets will depend upon the judge’s discretion based on state-specific factors.

Child Custody And Support

If possible, try to work out a practical parenting plan with your child to avoid more issues in your divorce case. But if this can’t be resolved, then the court will decide for you and your partner.

But since same sex divorce is fairly new, it’s hard to determine the result of child custody and support. Of course, the court will still make similar presumptions in same-sex cases, but the outcome may differ from one state to another.

So it’s highly advised to have an experienced same sex divorce lawyer to get a favorable result on this aspect.



Getting divorced today? Then make sure to get assistance from a qualified and experienced same sex divorce attorney who can protect your interest all throughout the divorce process.

Contact the Law Offices of Leon F. Bennett in Woodland Hills, CA today and get more information on how they can help you with your divorce case.

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