Newport Beach Same Sex Divorce Lawyer

Newport Beach Same Sex Divorce Attorney

In every state, same-sex couples now possess the right to both marry and divorce. Unfortunately, the divorce procedure can be difficult, especially when your relationship predates the legal recognition of your marriage. The most efficient way to make the process as easy as possible is to partner with a Newport Beach same sex divorce lawyer.

Same-sex marriage or domestic partnership divorce services are available to LGBT families in California. California law allows the state to grant a divorce or dissolution regardless of whether the partnership is legally defined as marriage, civil union, or registered domestic partnership.

Newport Family Law & Mediation Group can provide compassionate legal counsel for you during the difficult process of divorce. We understand the intricacies of same sex divorce and can work with you toward a divorce agreement that is optimal for you and your family.

What Are the Residency Requirements to File for Divorce in California?

One spouse needs to have been living in the state for a minimum of six months to file for a divorce, and one spouse needs to have been a resident of the county in which the divorce is filed for a minimum of three months before filing the petition.

If both spouses meet these requirements, they can file for divorce in California. If not, they may have to wait until the criteria are met.

What Are the Grounds for Divorce or Legal Separation in California?

California is a “no-fault” divorce state. This means that it is not necessary to prove that one spouse did something wrong or was at fault, and a divorce can be initiated even if only one party wants a divorce in Newport Beach.

You can file for divorce or for legal separation based on either of the following grounds:

• Irreconcilable differences, which have caused the permanent breakdown of the marriage; or
• Permanent legal incapacity to make decisions. To prove this, there needs to be proof (medical or psychiatric testimony) that the spouse was, at the time the petition was filed, and still is, lacking the legal capacity to make decisions.

Are There Different Circumstances Surrounding Same-Sex Divorce?

In California, there are generally no specific legal differences between opposite-sex and same-sex divorces. The state treats divorce for same-sex couples and opposite-sex couples equally.

Both follow the same legal procedures and guidelines in regard to:

• property division,
• spousal support,
• child custody, and
• all other aspects of the divorce process.

However, there may be some unique circumstances or considerations that same-sex couples face during a divorce:

• Finding knowledgeable legal representation: Some divorce attorneys have limited experience with LGBT family law issues.
• Parental rights: Same-sex couples who have children together may encounter issues related to child custody, visitation, and support, similar to opposite-sex couples. There may be additional legal complexities involving the recognition of parental rights for non-biological or non-adoptive parents.
• Laws and regulations related to same-sex marriage: It’s important for same-sex couples to stay informed about the legal requirements in their area, as they are still evolving. Laws might still use gendered language, such as mother and father or husband and wife.
• Cultural and social issues: Same-sex couples may face potential discrimination, stigma, or lack of understanding from others during their divorce.

How Does Property Division Work in Newport Beach, CA?

California is a community property state. This means that each spouse typically gets half of the property and assets they acquired during the marriage, with some exceptions. The division is not always a strict 50/50 but is intended to be just and equal.

In a divorce in California, a spouse is entitled to a fair and equitable division of community property. Property that spouses had before they were married will not be split, and nor will anything acquired during the marriage with those assets. This type of property is known as separate property. However, it’s possible for this to be split during divorce if it’s been mingled with community property.

How Newport Family Law & Mediation Group Can Help

At Newport Family Law & Mediation Group, our attorneys have extensive experience in all facets of family law. A divorce case that comes to trial can be more costly, drawn-out, and emotionally exhausting, so we use our hard-earned mediation skills to negotiate with your spouse’s team and produce a settlement that is satisfactory to both parties. If this is unsuccessful, we are excellent litigators and can fight in court to ensure the outcome of your divorce benefits you.

We can help with any of the following aspects of your Newport Beach same-sex divorce, among others:

• Divorce procedures
• Mediation
• Legal separation
• Summary dissolution

Divorce Attorney FAQs

Q: What Is the Average Retainer Fee for a Divorce Lawyer in California?

A: A retainer fee ranges from $3,000 to $5,000 in California. This is an upfront payment to reserve family lawyer services. Family lawyers can draw from this fund throughout the process. The more experienced the lawyer is, the more expensive it will be. Price can also vary depending on location.

Q: Can Same-Sex Couples Divorce?

A: Yes, same-sex couples can divorce wherever same-sex marriage is recognized. The process for divorce is typically the same as for opposite-sex couples. There may be some intricacies with parental rights and property division in certain cases, so a lawyer who is familiar with these issues is an important asset for anyone going through a same-sex divorce.

Q: How Long Does a Divorce Take in California?

A: California law imposes a mandatory six-month waiting period after filing before finalizing a divorce. Oftentimes, divorces take longer than six months to resolve. If spouses can come to an agreement through mediation or if the spouse responding to the petition agrees to it outright, the divorce will be much quicker than if the case progresses to trial.

Q: I Am the One Who Is Initiating the Divorce. Is That Going to Hurt Me in the Process?

A: It has no impact. California is a no-fault state, which means that it doesn’t matter who files first, who wants the divorce, or why you are choosing to divorce. You will outline the settlement you want in your divorce petition, which could work to your advantage if the divorce is uncontested and your spouse agrees to the terms.

Our Newport Beach Family Lawyers Can Help; Call Today

At Newport Family Law & Mediation Group, we understand how difficult a same sex divorce can be. We know you want what’s right for your family, and we can fight aggressively for the optimal divorce settlement. With our impeccable skills in both litigation and mediation, we’ll help your divorce go as smoothly as possible. Contact us today to schedule a free consultation with our Newport Beach same sex divorce lawyers.