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.
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.
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.
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 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.
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.
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.
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.
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.
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