Corona Same-Sex Divorce Attorney

Corona Same-Sex Divorce Lawyer

Since same-sex marriage became legal for Californians in 2013, many same-sex couples have gotten married, enjoying the same privileges and rights as opposite-sex couples. As with any married couple, a divorce is always a possibility, and issues of child custody, division of marital property, and spousal support may need to be addressed. A Corona same-sex divorce lawyer or separation lawyer can assist you in all these matters.

At the Law Offices of Michelanne Hrubic, our lawyer is experienced in family law and can provide you with the compassionate legal representation you need during a difficult time. She understands the unique challenges faced by same-sex couples and is ready to protect your rights and interests.

Same-Sex Divorce in Corona, CA

California follows the no-fault rule for divorce. This means there is no requirement to tell the court why you are getting a divorce. Any wrongdoing done by you or your spouse can remain between the two of you. Most issues are not likely to influence any decisions regarding property division, child custody, child support, or spousal support. Issues of domestic violence, however, are likely to affect child custody, child support, and spousal support decisions made by the court.

To file for divorce, you or your spouse must be a resident of California who has lived in the state for the last six months and in your filing county for the last three months. There are a few cases in which same-sex couples do not necessarily have to follow this rule if they were married in California. Couples who were married in the state can file for divorce in the county they were married in if the place they currently live does not recognize same-sex divorce.

The only limitation to this exception to the residential rule is that there are some matters on which the court may not rule. When it comes to spousal support, division of property and assets, and custody of children, it is possible that the California court will not make any decisions regarding those matters if your legal residence is not with that state and county.

Why Do I Need an Attorney for a Same-Sex Divorce?

While it may not seem necessary to retain a divorce attorney in every divorce case, especially an uncontested divorce, it is still wise to hire one for various reasons. One of the most important reasons is that same-sex divorce lawyers have knowledge of California laws and statutes surrounding divorce for same-sex couples. Getting a divorce has many legal implications. An attorney can ensure you are aware of the rights you have as a spouse, as well as the laws that may benefit or work against you.

In Corona, California, for same-sex couples, the legal process of getting divorced is generally the same as for opposite-sex couples. A qualified lawyer is especially crucial if there are certain factors in your case that make it complex, such as child custody, or if there are significant assets and property between the two of you.

Negotiations regarding these matters can become intense and emotionally difficult for all parties involved, but having an attorney present can ensure productive discussions and fairness.

A few more reasons to hire an attorney for your divorce include:

• Assistance with paperwork
• Receiving legal advice
• Having someone to act as a mediator between you and your spouse and offer resolutions when needed
• Representation in family court

Deciding to handle a divorce without legal advice from an attorney can put you at a legal disadvantage and potentially result in consequences that are less than favorable to you.

Can One Attorney Represent Both Parties in a Divorce in California?

Having one attorney represent both you and your spouse is known as joint representation in California. While it is typically not advised because of the potential conflict of interest, California law does allow couples to have joint representation in a divorce under specific circumstances. However, there are rules to representing both spouses in a divorce, and the attorney must comply with all of them. They are as follows:

• The attorney may not represent both spouses unless they obtain informed written consent from both regarding the joint representation.
• The attorney may not, without informed written consent from each party, represent both spouses if there is a chance that their representation of one spouse will be limited by their responsibilities to the other spouse.
• In compliance with the two previous rules, the attorney must also:
  • Have reasonable belief that they will be able to give each spouse adequate and attentive representation.
  • Ensure that their representation is not against the law in any way.
  • Ensure that they are not representing two clients who are on opposing sides or have claims against each other in the same case.

In short, having a single attorney represent you and your spouse is not allowed in a contested divorce. In these cases, child custody, division of property and assets, or spousal support are likely points of contention that could cause conflicts between spouses. It is unethical for a lawyer to represent both parties in this case.

Uncontested divorces may allow for joint representation if the two spouses are amicable and agree on all aspects of the divorce, but it is still not recommended. While the thought of possibly saving money or having a simpler divorce process makes opting for joint representation tempting, there is still a potential for disputes to arise in uncontested divorce cases. When this happens, seeking separate lawyers may be necessary to reach a resolution that is fair to both parties.

If you are considering having one attorney represent you and your spouse in your divorce, make sure you are fully aware of the nature of your relationship first. It is important that you both are in agreement on the terms of the divorce, you are both able to cooperate without dispute, and there is very little potential for conflict.

Child Custody for Same-Sex Couples

One of the biggest concerns when it comes to an LGBTQ divorce is in regard to the children involved. If you are not the child’s biological parent, there may be a chance that child custody will not be in your favor. However, Corona, CA, as well as the rest of the state, recognizes that even non-biological parents have a right to custody and visitation if they have occupied a parental role in the child’s life.

In a contested divorce that becomes overly contentious, the spouse who is the biological parent may attempt to keep the non-biological parent away from the child. The most useful thing you can do to ensure fairness when it comes to child custody and visitation is to legally establish parentage. This can be done by legally adopting the child or children in question.

In cases of an uncontested divorce, it is a good idea for both spouses to come up with a parenting time plan together, perhaps with a family law attorney. By doing so, decisions about custody, support, and visitation are not left up to a judge to decide for you.

Property and Asset Division in Corona, CA

California is known as a community property state. This means that whatever property and assets you and your spouse acquire throughout your marriage can be distributed fairly between the two of you. You both have an equal claim and rights to that property and are equally responsible for it whether you are a same-sex or opposite-sex couple. Separate property, acquired before marriage, typically remains separate unless it was made community property by agreement or some other action.

It is advised to discuss with your spouse how you will divide all community property, especially if there is no pre or postmarital agreement. Community property may include:

• Financial wages
• Real estate property
• Vehicles and other personal assets
• Businesses
• Intellectual property
• Retirement benefits
• Debt

It is important to note that in the case of retirement benefits, you may face issues as a same-sex couple if the retirement plan only addresses spouses of the opposite sex.

Termination of Domestic Partnerships

If you were with your partner for a long time before same-sex marriage became legal in California, you may have entered a registered domestic partnership before being legally married. If this is the case, then you may also need to terminate that domestic partnership when you get a divorce.

If you only have a registered domestic partnership, the process to terminate it is similar to that of a divorce. The legal matters involved in ending a domestic partnership are also similar to divorce when it comes to child custody, spousal support, and property division.

Consult With a Corona Same-Sex Divorce Attorney

Divorce can be a difficult process, no matter who you are or who you are married to. California same-sex couples may face more difficulties than most opposite-sex couples typically do, so a divorce lawyer with extensive knowledge of California laws is necessary. Contact the Law Offices of Michelanne Hrubic to schedule a consultation with our experienced same-sex divorce lawyer. Our team is here to give you the help you need.