Moreno Valley Same-Sex Divorce Attorney

Moreno Valley Same-Sex Divorce Lawyer

Same-sex couples could face a few challenges that opposite-sex couples may not when it comes to dissolving a marriage or a domestic partnership. Understanding these challenges is important to ensuring that you properly navigate the divorce process. A Moreno Valley same-sex divorce attorney can make sure you are aware of all the legal implications of getting divorced as a same-sex couple.

Michelanne Hrubic is dedicated to assisting LGBTQ spouses and families during the difficult process of divorce or separation. With extensive experience in family law, she can work toward a favorable divorce outcome for you.

Same-Sex Divorce in Moreno Valley, CA

There are specific residency requirements a couple must meet before they can get a divorce in Moreno Valley. One spouse must live in California for at least six months before filing for divorce and live in the county where they plan to file for at least three months before filing. Some same-sex couples, however, may not necessarily have to adhere to this rule. If a couple lives in a place that does not allow same-sex divorce, they may be able to divorce in California if they got married in the state.

Being able to bypass the residency requirements, while beneficial, can have some disadvantages. The California family court is not required to rule on any matters regarding child custody, alimony, or property division for couples who are not state residents. This rule for non-residence is the same for domestic partnerships that are registered in California.

California is also a no-fault divorce state. There is no reason to disclose most issues or disputes in the marriage that led to the divorce because they will not affect custody, alimony, or property distribution. However, if the issue that led to the divorce is related to domestic violence or something else of a serious nature, disclosing it to the court will likely affect the court’s decisions.

What Are the Benefits of Hiring a Lawyer for a Same-Sex Divorce?

The benefits of hiring a divorce lawyer for your same-sex divorce case greatly outweigh any benefits of not doing so. One significant benefit is having someone on your team who can actively advocate for you and defend your rights as a divorcing spouse.

When it comes to child custody, child support, spousal support, and property division, you need someone who can protect your interests. A lawyer can make sure you are aware of your rights while working toward an agreement that benefits you and your family.

A divorce and separation lawyer should also be knowledgeable when it comes to the divorce process for same-sex couples and the process of terminating a domestic partnership. Michelanne Hrubic is aware of the laws and rules related to same-sex couples in Moreno Valley, California and can let you know what to expect going forward with your case.

Generally, the divorce process for same-sex couples will not be much different from that of heterosexual couples. It is equally important to hire a lawyer, but same-sex couples may face some complications that straight couples usually do not. These complications can involve the children you have together or certain marital assets. A lawyer can be proficient in addressing these issues before they arise and inform you of what actions you can take to get the optimal results from your case.

If you decide to proceed with your divorce without legal assistance, your case may be negatively affected since you likely do not have full knowledge of the laws and rules that may apply to your case.

Same-Sex Couples With Children

Child custody and child support can be significant points of contention for many divorcing couples, and this is no different for same-sex couples. However, same-sex couples may face complications in both parents getting the parenting time they deserve when only one spouse is the biological parent.

This does not mean California discriminates against non-biological parents. In fact, state law protects all non-biological parents and their right to parenting time. If you are a non-biological parent, establishing parentage will greatly benefit you in a custody battle. The most effective way to do this is by adopting the child or children, but you can also prove that you have been actively involved in the child’s life and taking on the role of their parent.

Creating a parenting time plan with your spouse is a useful way to keep the court from making decisions regarding custody and visitation for you. Whether you are in the process of a contested or uncontested divorce, an agreed-upon parenting plan can ensure both parents have a say and prevent disputes in court.

Community Property and Separate Property in Moreno Valley, CA

In California, assets and property acquired by you or your spouse during your marriage are recognized as community property. This could include a car, house, business, land, retirement fund, money earned, or debt. Both spouses have a legal right to all community property and can receive an equal share in a divorce. Even if the asset or property is listed under one spouse’s name, it still qualifies as community property.

One area in which same-sex couples may encounter complications is receiving their spouse’s retirement benefits after divorce. It is important to know how same-sex spouses are treated in your retirement plan.

Property that is acquired before you get married is separate property. Separate property also includes any gifts, inheritance, and personal injury settlement money received during the marriage. These assets and property are not part of the distribution process, and each spouse is allowed to keep their respective property. If a spouse uses marital assets to pay for or make changes to their separate property, it is then considered community property due to commingling.

There is no difference in the distribution of property if you are a same-sex couple. The only thing that can significantly change how property is divided is a premarital or postmarital agreement that addresses how you want to handle property in the event of a divorce or separation.

Reach Out to a Moreno Valley Divorce Attorney

If you are in a same-sex marriage and are seeking a divorce, contact a family law attorney at the Law Offices of Michelanne Hrubic. Going through the divorce process without skilled legal representation can be immensely difficult, but our attorney can offer you the legal guidance you need, as well as be a support system during this stressful period of your life. Put your trust in Michelanne Hrubic to get you the outcome you deserve from your divorce.