San Diego Same Sex Divorce Lawyer

San Diego Same Sex Divorce Attorney

As a same-sex couple, going through a divorce can be a challenging experience. You may be unsure how the process will work or whether your rights will be protected, but a San Diego same-sex divorce lawyer from Andy Cook Law is here to help.

We are committed to representing LGBTQ+ couples in all types of family law matters. Whether you need help with a relatively simple uncontested divorce or have complex issues to resolve, you can rely on us to provide the caring, personalized representation you deserve. We understand that each case is unique, and we are here to help you find the best solution for your situation.

Reach out to us today for a free, confidential consultation with our San Diego same-sex divorce attorneys. We are here to help you navigate the divorce process.

Andy Cook Law — Not Your Average Family Law Attorney

Andy Cook Law is a trusted law firm in San Diego specializing in family law, and led by Andy Cook, a Certified Family Law Specialist (CFLS). If you’re going through a same-sex divorce, having a CFLS attorney on your side can make a big difference in the process and outcome.

A CFLS is an attorney who has earned a special certification from the State Bar of California after proving their proficiency and experience in family law. To become a CFLS, an attorney must meet strict requirements, including years of practice in family law, passing a difficult exam, and completing continuing education to stay updated on any changes to the law.

This certification shows that Andy Cook has the skills and knowledge needed to handle even the most complicated family law cases, including those involving same-sex couples.

Andy Cook can help make sure that your rights are protected, whether it’s advocating for fair property division or making sure you understand your options for child custody and support. He knows how to navigate the legal system and can help you find the most favorable resolution possible, given your own personal situation.

By working with Andy Cook, you’ll have an attorney who truly understands the nuances of family law, particularly in the context of same-sex divorce, and his proficiency can help simplify the process and reduce the stress that often comes with divorce, allowing you to focus on what’s right for you and your family.

California Same-Sex Divorce Laws

Same-sex couples in California have the same rights and responsibilities as opposite-sex couples when it comes to marriage and divorce. This means that, in general, same-sex divorces are handled in the same way as opposite-sex divorces.

California is a no-fault divorce state, which means that either spouse can file for divorce without having to prove that the other spouse did something wrong. All that is required is that one spouse believes the marriage is irretrievably broken.

Here are the basic steps to getting a same-sex divorce in California:

Meet the Residency Requirements

You must meet California’s residency requirements to get a divorce in the state. At least one spouse must have been a resident of California for at least six months and a resident of the county where the divorce is filed for at least three months.

File a Petition

One spouse must file a Petition (FL-100) for Dissolution of Marriage in the appropriate California Superior Court. The Petition is a legal document that explains the basis for the divorce and the orders you are requesting from the court.

Serve the Petition

The other spouse must be served with the Petition. This means that they must be given a copy of the Petition and a Summons, which notifies them that they are being sued for divorce and explains their rights and obligations.

Exchange Financial Information

Both spouses must fill out and exchange a Preliminary Declaration of Disclosure (FL-140) and a Schedule of Assets and Debts (FL-142), which provide information about their income, expenses, assets, and debts.

Resolve Issues

You and your spouse must agree on how to resolve all issues related to the divorce. This includes issues related to property and debt division, spousal support, child custody, and child support.

Finalize the Divorce

Once you and your spouse have reached an agreement, one of you must prepare a Judgment (FL-180) of Dissolution of Marriage. This is a legal document that outlines all the terms of your divorce. You must submit the Judgment to the court for approval.

Wait for the Divorce to Be Final

In California, there is a mandatory six-month waiting period before a divorce can be finalized. This means that you must wait at least six months from the date your spouse is served with the Petition before you can finalize the divorce.

File the Divorce Decree

Once the waiting period is over, you can file a Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment. The court will then finalize the divorce.

If you and your spouse are in agreement on all issues related to your divorce, you may be able to get an uncontested divorce. This can save you time, money, and stress. However, if you and your spouse cannot reach an agreement, you will need to go to court and have a judge make decisions for you. This is known as a contested divorce.

At Andy Cook Law, we understand that going to court can be stressful and time-consuming. That is why we work hard to help our clients resolve their issues outside of court whenever possible. Our San Diego same-sex divorce attorney is a trained mediator with extensive experience helping clients resolve their issues through mediation. However, we are prepared to vigorously represent your interests in court if litigation is necessary.

Same-Sex Divorce Mediation

Mediation is a type of alternative dispute resolution that allows couples to resolve their issues outside of court. It is a voluntary process that is facilitated by a neutral third party, known as a mediator. The mediator does not make decisions for the couple but helps them communicate and negotiate a fair agreement.

Mediation can be a good option for same-sex couples who want to avoid the time, expense, and stress of going to court. It can also help preserve the relationship, which is especially important for couples who have children together. However, mediation is not the right option for everyone. If you and your spouse cannot reach an agreement through mediation, you will need to go to court and have a judge make decisions for you.

Property Division in Same-Sex Divorce

In California, property division in a same-sex divorce follows the same rules as for any other marriage. California is a community property state, which means that most property acquired during the marriage is considered joint property and is typically divided equally between both spouses. However, the division of property can become more complicated if the couple was together before marriage or if they have complicated finances.

For couples who were in a long-term relationship before legally marrying, deciding what’s considered separate property versus community property can be difficult, and a detailed analysis of the couple’s financial history is needed to make sure everything is divided fairly.

Separate property is the term used to refer to property owned by one spouse only and can include:

• Property bought before the marriage.
• Gifts and inheritances.
• Property bought after separation.
• Property designated “separate” in a prenuptial or postnuptial agreement.

However, separate property can have community property features if the other spouse was paying the mortgage on the home, or if payments were coming from a shared bank account. Because of this, assets like real estate, bank accounts, retirement savings, and even business ownership need to be carefully assessed and valued.

If one spouse is entitled to a larger portion because of their contributions to the household or other financial factors, the division might not be a simple 50/50 split.

Working with an experienced attorney from Andy Cook Law can help make sure that all assets are properly categorized and that both spouses receive their fair and equitable share.

How Does Same-Sex Divorce Affect Children?

If you and your spouse have children together, you will need to resolve issues related to child custody and visitation as part of your divorce. This is true regardless of whether you have children together through adoption, surrogacy, or a previous heterosexual relationship.

Under California law, same-sex couples have the same rights to child custody and visitation as opposite-sex couples. The court will decide based on what is in the child’s best interest.

This means that the court will consider factors such as:

• The child’s age and health
• The child’s relationship with each parent
• Each parent’s ability to care for the child
• The child’s current living situation
• The child’s ties to school, home, and community
• Any history of domestic violence

In many cases, the court will try to ensure that the child has frequent and continuing contact with both parents. This means that the child will spend time living with each parent and that both parents will have the right to make decisions about the child’s upbringing. However, if one parent has a history of domestic violence or is not able to care for the child, the court may award sole custody to the other parent.

Our same-sex divorce lawyer in San Diego can help you with all child custody and visitation issues, including:

• Legal Custody: Legal custody refers to the right to make important decisions about the child’s upbringing, such as where they will go to school and what religion they will practice. The court can award legal custody to one parent or both parents.
• Physical Custody: Physical custody refers to where the child will live. The court can award physical custody to one parent or both parents. If physical custody is awarded to one parent, the other parent will have visitation rights.
• Visitation: If one parent is awarded physical custody, the other parent will have visitation rights. The court will create a visitation schedule that outlines when the child will spend time with each parent. If both parents are awarded physical custody, the court will create a parenting plan.

At Andy Cook Law, we understand that your children are the most important thing in your life. We are here to help you protect your relationship with your children and find a child custody arrangement that is in their best interest.

Same-Sex Divorce & Alimony

Alimony, also known as spousal support, is a payment that one spouse makes to the other spouse after a divorce. It is designed to help the lower-earning spouse maintain the same standard of living they enjoyed during the marriage.

California is a community property state, meaning that most property and debts acquired during a marriage are considered to be owned equally by both spouses. When a couple gets divorced, their community property is divided equally between them. This includes any income that was earned during the marriage.

As a result, if you and your spouse have similar incomes, you may not be awarded alimony. However, if one spouse earns significantly more than the other spouse, the court may award alimony to the lower-earning spouse. Alimony can be awarded for a specific period of time or until the lower-earning spouse remarries.

Call Today to Begin

No matter what unique situation you may be facing, you can rely on Andy Cook Law — CFLS — to provide the caring, personalized representation you deserve. Our same-sex divorce lawyers in San Diego will work tirelessly to help you achieve a favorable outcome and protect your rights every step of the way.

Reach out to us today or fill out our online contact form for a free, confidential consultation. We are here to help you navigate the divorce process.