San Jose Same Sex Divorce Attorney
For many years, same sex couples fought for the right to marry. They got that right granted to them more than a decade ago. Many couples found out that marriage isn’t what it is cracked up to be. Being married to the same person for many years takes a lot of work. Sometimes it’s too much work.
Now that same sex marriage has become the norm, so has divorce. If you are in a same sex marriage, you may wonder about the process and complexities. The good news is that under California law, same sex couples have the same divorce rights as heterosexual couples.
California has recognized same sex marriage (and divorce) since June 2013. Ready to start the process? A knowledgeable San Jose same sex divorce attorney from Foster Hsu, LLP can answer your questions.
What to Know About Same Sex Divorce
Same sex divorce can be a little more complicated than heterosexual divorces. That’s because same sex divorces may also require the parties to dissolve a domestic partnership. Domestic partnerships are viewed similarly to marriages in the state. You may need to dissolve both a marriage and a domestic partnership if you and your spouse are legally bound by both. You will likely need to dissolve both of these arrangements before the state will consider you single and eligible to remarry.
You can get a divorce in California if you or your spouse meet the residency requirements, which include living in the state for six months prior to the divorce filing. In addition, one of you must have lived in the county where you plan to file for divorce for at least three months.
For a same-sex couple with children, however, establishing parenting and custody can be two complex areas. There is no presumption of parentage, so establishing parental rights in a same sex marriage. requires going to court. You and your spouse will have to legally establish parentage so that you will be recognized as your child’s mother or father in the eyes of the law.
You will need to establish parentage before the courts will order child custody, visitation, or child support to a parent in a California divorce. If you are not currently recognized as your child’s legal parent or guardian, this can complicate matters further.
Custody rights are also tricky. If you or your ex-spouse is the biological parent of your child, they will have presumptive custody rights. Unless a couple can agree to custody and visitation rights on their own, the courts must make decisions based on biological information and perceived caregiver roles. This may or may not work out for some couples.
Contact Foster Hsu, LLP Today
For the most part, same sex divorce works the same way as heterosexual divorce, However, there are some gray areas. Foster Hsu, LLP is here to guide you through the process and help you deal with the complexities. Call 408-841-7200 or fill out the online form to schedule a consultation with a San Jose same sex divorce attorney.
