Experienced Stockton Same Sex Divorce Lawyer for All Relevant Family Law Matters
If you are in a same-sex marriage and are looking to dissolve the marital relationship, you may be wondering whether the process is “different” than it is for heterosexual spouses. A Central Valley and Stockton same sex divorce lawyer at our firm can help make the process less stressful and clear up any questions you may have.
Same-Sex Divorce in California and throughout the U.S.
Following the U.S. Supreme Court’s landmark decisions in 2013 (legalizing same-sex marriages on a federal level) and in 2015 (removing various marital and divorce-related legal restrictions against same-sex couples who have relocated between states), the same-sex divorce process for a California couple is essentially the same as a heterosexual divorce from a legal perspective.
However, even though the law has finally caught up, it doesn’t mean the divorce process for same-sex couples is immune to challenges. Working with a Stockton same sex divorce lawyer can help minimize any challenges and ensure you have legal guidance to help you make important decisions.
Common Challenges for Divorcing LGBTQ Couples
Equitable Division of Assets in California
Some divorces, whether involving same-sex or heterosexual spouses, are complicated due to nature of the relationship prior to formal marriage. For example, if a couple is together for several years prior to marriage, but during that time they referred to themselves as a married couple in public, and commingled their assets, then a California court may find that it is inequitable to divide only those assets (between the spouses) that were acquired during the marriage.
This dynamic often plays out for same-sex spouses, who may have been living together as though they were spouses for many years before it became legal to marry. As such, the fairness of asset division (under the circumstances) must be assessed.
Central Valley and Stockton Child Custody
In many same-sex marriages, children are biologically linked to just one parent, which makes child custody proceedings difficult. The court may weigh the biological parentage heavily, but this can be countered by showing that the non-biological parent played a significant caregiving role.
Stockton Same-Sex Divorce Lawyer for Domestic Partnerships
Same-sex marriages may be entered into after a domestic partnership. The domestic partnership is not ended by marriage. When you divorce, you must file for the termination of the domestic partnership as well.
Contact a Stockton Same-Sex Divorce Lawyer at MCJG for Assistance
Same-sex divorce may involve additional complications that require the assistance of a skilled and experienced attorney. As such, it’s important to get in touch with a qualified firm for early guidance on how to proceed.
At McKinley, Conger, Jolley & Galarneau, LLP, we regularly represent clients in divorce proceedings, helping them navigate this difficult process — even when it involves unique circumstances and complications (i.e., same-sex divorce).
If you’d like to speak to a Central Valley and Stockton same-sex divorce lawyer at MCJG, we encourage you to schedule a consultation with our firm today by calling 209-477-8171. Though we are located in Stockton, CA, we serve clients throughout the state of California, including the Central Valley.