Potential Challenges in Same-Sex Divorce Cases in California
For same-sex couples, the divorce process can generally be considered the same as opposite-sex couples, but there are unique aspects to same-sex divorce that should be considered. When preparing to go through a divorce as a same-sex couple in California, obtaining the support of an experienced family law attorney in Southern California can be beneficial – the Knez Law Group can help.
For more than three decades, the attorneys at the Knez Law Group have provided efficient support to those seeking or facing legal challenges in California. The firm’s legal acumen and personal attentiveness make them trusted advisors and powerful advocates to those who are serious about ensuring their assets are protected in a divorce. Consider contacting the Knez Law Group to obtain a complimentary consultation by calling (951) 742-7681.
Issues That Could Arise in Same-Sex Divorces
When preparing to go through a divorce, same-sex couples may encounter issues not usually experienced by couples of the opposite sex. The top issues that could be encountered include the following:
- Difficulty in Establishing Parental Rights
Spouses of the opposite sex seeking divorce do not usually have trouble establishing their parental rights, as it is commonly assumed that the husband is the father of any children born during the marriage. When it comes to couples of the same sex, however, this presumption does not apply.
When a same-sex couple goes through the legal process of establishing parentage together, then the issue of establishing parental rights will not really be an issue. This is, of course, aside from the issue all parents face when dividing parenting time in a divorce. Aside from this, when one of the spouses is not legally recognized as the child’s parent, then the matter should be addressed before custody or visitation rights are dealt with in a divorce.
- Establishing the Duration of the Marital Union
When considering divorce in the State of California, the duration of the marital union can be important for the following reasons:
- When applicable, the time will determine the amount and duration of spousal support; and
- The date of the legal union will establish the dividing line between what can be considered as separate property and what will be considered community property.
When a couple has been married in the state following the date of June 26th, 2013, or June 26th, 2015 in any other state, then the date of the legal union should be considered conclusive.
On the contrary, when a couple has cohabited for an extended period of time before they were able to get legally married, then they may face issues with respect to spousal support and the allocation of community property.
- Obtaining Access to Records and Employment Information Can Be Challenging
Regrettably, although Hollingsworth v. Perry (2013) has afforded equal protection to couples of the same-sex in California, same-sex couples continue to face difficulty in a variety of practical respects. For instance, in certain cases, spouses of the same sex can face difficulty in accessing account records or employment information during the divorce process. Although companies are legally required to treat spouses of the same-sex as they would couples of the opposite sex, it may be possible that they could face difficulty in obtaining information from their spouse when the spouse does not disclose this information voluntarily.
Obtain a Complimentary Consultation From a Well-Versed Family Law Attorney Today
Although same-sex marriages have been legalized, couples of the same-sex may face a variety of challenges when getting a divorce. Fortunately, going through the divorce process can be made easier with the support of a well-versed attorney.
If you are considering divorce, consider requesting a complimentary consultation with an experienced family law attorneys at the Knez Law Group. Call (951) 742-7681 to schedule an appointment today.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.