Orange County Same-Sex Divorce Lawyer

Before you seek out the help of an Orange County same-sex divorce lawyer, you may benefit from learning more about how the history of California marriage laws may impact your divorce experience in unique and unexpected ways.

Statistics typically show that the lesbian divorce rate is higher than that of either heterosexual or gay male marriages. According to one study performed by the National Institutes of Health, 12.3 % of the couples in the study that divorced were lesbian couples.

In contrast, 2 % of them were gay males, and 8.3 % were heterosexual couples. An estimated 90,000 lesbian, gay, bisexual, and transgender (LGBT) individuals are currently living in Orange County, California, which means that having a divorce lawyer who understands the ins and outs of same-sex divorce is crucial.

California divorces must usually address the following issues:

• Alimony. Alimony, often referred to as “spousal support,” tends to be determined by several factors, including the length of the marriage, each spouse’s ability to contribute, and the financial needs of each spouse. There are also additional specifics, including the kind of alimony a spouse may be granted and the timeline associated with their spousal support needs.
• Child custody. Child custody rights can either be shared between both parents or handled by one parent. In addition to this, the couple will need to decide on child visitation schedules and whether or not both parents will possess legal and physical custody. If the couple cannot come to a decision by themselves, the court will make a decision based on what is in the best interest of the child.
• Child support. Once again, if the couple getting divorced is unable to reach an agreement about child support, the California family court system will get involved and make the final decision for them, often factoring in variables like the child’s age, health, safety, and emotional ties to each parent. 
• Parentage. Establishing legal parentage is one of the difficulties that may have a greater impact on same-sex couples seeking a divorce than heterosexual ones. Still, California law allows for options like establishing biological parentage through a Voluntary Declaration of Parentage.
• Property division. California is a community property state, which means that every asset acquired during the time of your marriage that has not otherwise been legally kept separate will be divided in half between both spouses. This can impact your housing, finances, debts, and more.

There are some unique challenges that same-sex couples may encounter when seeking to get a divorce, including the following examples:

• Historical lack of case law. While same-sex marriage is now legal, it is still a fairly recent development. It is because of this timeline that case laws that specifically address same-sex divorce are still developing. This can lead to uncertainty and delays, which is why you may benefit from the added assistance of a same-sex divorce lawyer.
• Complexities with child custody. Due to the ever-evolving legal landscape surrounding establishing parentage and handling the subsequent steps, same-sex couples may encounter additional complexities when working to determine child custody.