Eastvale Same-Sex Divorce Lawyer

Same-Sex Divorce Attorney in Eastvale, CA

The decision to dissolve a marriage can be a difficult one to make. Ending a same-sex marriage can be painful, and you want legal representation who is understanding of the hurdles you may be facing. An experienced Eastvale same-sex divorce lawyer can help navigate this process with you and protect your future goals.

Our attorneys at the Law Offices of Michelanne Hrubic are committed to helping people through the most stressful times of their lives. With years of experience in helping members of the LGBTQ+ community, we understand the different barriers you may face when it comes to receiving fair representation. No matter what your sexual orientation is, we can advocate for you and your future needs. A dedicated Eastvale family law attorney from our firm can help you navigate these sensitive legal shifts.

Same-Sex Divorce in California

In California, same-sex couples are divorced through the same process that heterosexual couples are divorced. Even though the process is the same, there can be unique factors that make these cases more complex. Before filing, it is important to review the residency requirements for LGBT divorce in California to ensure you meet the local jurisdiction standards.

If there are minor children involved, typically only one parent is the biological parent of the child, which can make child custody cases complex. Other complicating factors can be property division. Many same-sex couples have been together for many years before the legalization of same-sex marriage and have accumulated property during that time. Our firm can provide guidance on child custody in same-sex marriages to ensure both parents’ bonds are legally protected.

California has the highest number of same-sex couples compared to other states. As of 2022, there were over 162,000 same-sex couple households in California, 64% of which were married. Even though same-sex relationships are not uncommon, many individuals still face societal stigma, discrimination, and a lack of a support network.

No one should face a divorce alone. Our team at the Law Offices of Michelanne Hrubic has a deep understanding of the issues connected with the dissolution of a same-sex marriage and is committed to protecting your rights through the process.

No-Fault Divorce in California

California does not require fault to be a factor necessary to apply for a divorce. This means that either party may simply request a divorce without the need for further explanation of the couple’s dynamics or the reason why.

No-fault divorces require couples to work together when they can to divide marital assets evenly. Assets include any savings accounts, retirement accounts, business interests, or debts acquired throughout the course of the marriage and exclude any inheritance or gifts made to an individual.

If a prenuptial or post-nuptial agreement is in place, then those must be followed when approaching aspects of the divorce.

How Can a Same-Sex Divorce Lawyer Help?

Going through a divorce without legal representation can be very challenging and leave you unprotected. Even if you believe that your case is uncontested and should go through the divorce process smoothly, divorce can sometimes bring out the worst in the other party and lead to drawn-out mediations that extend the process for you.

When emotions run high, it is easier to make errors or agree to terms you would not otherwise agree to, to move past the issue. This can cost you in the long run. A compassionate same-sex divorce lawyer can advocate on your behalf to make sure you are not taken advantage of in this vulnerable state.

Your attorney can help you with matters like:

• Addressing child custody. Child custody can be challenging in same-sex divorces since only one parent is the biological parent in most cases. Your lawyer can help you protect your rights and relationship with your child and establish parentage when needed.
• Asset division. Dividing assets can require hours of negotiation and can be challenging, especially if you are going through a contested divorce. Having a neutral third party, like your lawyer, present can be extremely helpful in these situations and help the process go more smoothly for you.
• Filing court documents. Divorce requires a lot of paperwork to be filed with the Riverside Superior Court at 4050 Main Street.
• Court proceedings. Not all divorces end up in a courtroom, but if yours does, your same-sex divorce lawyer can be an advocate for your rights and future needs.

FAQs

What Is the 5-Year Rule in California for Divorce?

In California, the 5-year rule refers to the requirement that a divorce case must be brought to trial or finalized within five years of its initiation or will be dismissed by the court. The 5-year rule may be exempted if the court has already made temporary child support orders. A skilled Eastvale same-sex divorce lawyer can help keep your case on track to avoid dismissal.

What Are the Three C’s of Divorce?

The three C’s of divorce are essential principles to help reduce conflicts, court costs, and stress during the divorce process. The three C’s are communication, cooperation, and compromise. Under the three C’s, it is important to keep open dialogue, preferably through emails or text, work together on issues throughout the divorce, and find middle ground on issues you do not agree on.

Can I Use the Same Divorce Lawyer as My Spouse?

If you and your spouse are on good terms, it may seem like a good idea to save costs and get the same attorney, but due to ethical constraints, this is not allowed. Lawyers are prohibited from representing both sides in a divorce case, even if it is amicable. It is always recommended to seek separate legal counsel to protect your rights.

What Difference Can a Same-Sex Divorce Lawyer Make?

A same-sex lawyer understands the unique legal complexities involved in a same-sex divorce. Even though the process is the same for any divorce, same-sex ones must work out complex matters like non-biological child custody rights, pre-marital asset commingling, and stay knowledgeable as same-sex marriage laws evolve to be able to handle these unique issues.

Eastvale Same-Sex Divorce Lawyer

Dissolving a marriage can be overwhelming. At the Law Offices of Michelanne Hrubic, we understand the hurdles you are facing and are here to listen to your story and guide you through this process.

With in-depth knowledge of California same-sex marriage laws and years of representing LGBTQ clients in Eastvale, our team is ready to help you with this new chapter of your life. Contact our office today to get started.

Eastvale, CA Same-Sex Divorce Resources

• How To File for Divorce in California When Both Parties Agree?
• The Divorce Process in California
• Most Dangerous Divorce Mistakes
• Mistakes to Avoid During the Divorce Process
• Top 10 California Divorce Facts You Need To Know