San Bernardino LGBTQ Divorce Attorney

San Bernardino LGBTQ Divorce Lawyer

No one enters into their marriage thinking that they will one day need to look into how to get a divorce. Life can take many different directions, though, and if that time comes, you will need to get in touch with an experienced divorce attorney.

How Do I Get a Same-Sex Divorce in San Bernardino?

LGBTQ individuals have the same rights and procedures as heterosexual couples, but child custody matters may be different if one spouse didn’t get parental rights to their non-biological child. These divorces might also be complicated because typical property division procedures don’t take into account the time couples have been acting as spouses since before getting married was legal. If you want to get a same-sex divorce in San Bernardino, California, you should contact a divorce attorney to walk you through the following steps.

• File the Forms: If you are the one initiating the divorce, then you will need to fill out a great deal of forms to file. Your lawyer can help you understand what you will need to submit and make sure you do it correctly.
• Serve the Papers: If you are the first to initiate the divorce, another adult will serve the papers to your former spouse. They will have about thirty days to respond.
• Await the Response: While you are waiting for your former partner to give you an answer, you will need to prepare more documents like your financial disclosure forms.
• Address the Response: If your former spouse is okay with the agreement, then you will have an uncontested divorce that takes about sixty days. If not, then you will have to pursue a contested divorce and negotiate the terms of the settlement with the help of an experienced lawyer.
• Negotiate: If you and your former partner cannot agree on how to split property and address child support, if necessary, you will need to go through a series of negotiations with legal support to advocate for what you want.
• Go to Court: In the case that you are unable to resolve the disputes with your former spouse, then you might need to go to court for a judge to intervene.

It is important to note that if you want to get divorced in the state of California, you will need to meet specific residency requirements. You will have to have lived in the state for at least six months and your county for at least three months.

What Is the Average Hourly Rate for a Divorce Attorney in California?

The hourly rate that you will be looking at for a divorce in California will vary drastically based on many factors. For example, all of the following will play a role in how much you will pay:

• The number of years your lawyer has been practicing
• Your lawyer’s reputation in the field
• The exact kind of legal guidance you need
• Whether your divorce is uncontested or contested

The most effective way to determine how much you will have to pay is to consult with your specific divorce attorney about what your divorce will look like.

How Do I Pay My Attorney Fees in California for Divorce?

You should not let your lawyer’s fees stop you from reaching out for legal advice that might make all the difference in your divorce. There are several methods you can use to pay for your attorney’s fees in California. For example, lawyers often have hourly billing rates, while others have flat fees.

The question of who pays your attorney fees between you and your former spouse will depend on your unique situation. For instance, in an uncontested divorce, it might be easy to communicate with your ex about sharing the cost of the attorney fees. In the event of emotional tension, it might not be so easy. Your lawyer can advise on strategies for paying your fees or advocating for compensation that might help.

Can One Attorney Represent Both Parties in a Divorce California?

You might be wondering if you can use the same divorce attorney as your partner. While this might make your life easier, especially if you and your former spouse are on good terms, it is not possible. You need an attorney who is in your corner and there to represent your needs in the split. It would be a conflict of interest for your divorce attorney to also represent your former spouse.

For example, imagine you and your ex are fighting over who should walk away with a valuable asset. It would be impossible for your lawyer to stand up for both you and the other party in this situation. Instead, you should reach out to someone who fights entirely for you.

Do You Need a Lawyer to Get Divorced in California?

You do not officially need to hire a lawyer in order to get your divorce in California. However, if you want to dissolve your marriage on your own, you are asking to add a lot of stress to your plate. Getting divorced in San Bernardino will require you to complete a lot of paperwork, and it is crucial that you complete it correctly and follow all of the requirements. Having an experienced family lawyer there to make sure that you file it all properly makes the divorce process move as swiftly as it can.

Sometimes, a divorce can involve several exhausting emotional battles. While many divorces do not go to the courtroom, in the case that yours does, it will have been in your interest to have had a divorce attorney from day one so that they really know the ins and outs of your case.

San Bernardino Same-Sex Marriages Attorneys

At Law Offices of Michelanne Hrubic, we know that you might be feeling overwhelmed in this new phase of your life. Just know that you do not need to go through this alone. We are here to listen to your situation and craft a personalized, strategic legal plan that meets your needs.

We are well-versed in the legal rights of LGBTQ individuals and know how to navigate the complicated legal hurdles involved in domestic dissolution. If you are ready to move forward carefully, contact our office today.