San Jose LGBTQ Divorce Lawyer

Same-sex marriage has only been legal for a relatively short time in California. Yes, it became legal in 2013, but the laws are still evolving, especially when it comes to divorce.

Whether you are a heterosexual or LGBTQ couple, the general process for divorcing is the same for the most part. However, things get tricky when children and significant assets are involved.

If you are considering a same-sex divorce in California, it is important that you have a divorce attorney who is experienced in same-sex divorce and familiar with the current laws. If you are ready to end your marriage, see how a San Jose LGBTQ divorce lawyer from Argyris Mah, LLP can guide you through the process.

Property Division and Alimony

In any divorce, the duration of the marriage is extremely important. That’s because it is a factor in determining the amount of alimony a person should receive. The date of marriage also establishes when separate property becomes community property.

Same-sex marriage was legalized in California in June 2013. If you cohabitated with your partner for a long time before that date, then the issues of property division and spousal support become much more complex.

You might have married your spouse in June 2013, but let’s say you lived with them for five years before that. What happens to the property you acquired together during that time? Is it still separate property or is it now community property. You need a divorce lawyer with LGBTQ+ divorce experience to help you navigate these legal complications.

Child Custody and Child Support

Complications also come about when LGBTQ+ couples decide to have children through a surrogate or adoption. Since both parents cannot be the biological parents, it is possible that there are surrogate or biological parents involved in their child’s life.

California is unique in that it has a law that addresses this. SB 274 was signed into law in October 2013. It allows courts to declare that a child has more than two parents for all legal purposes. In the case of a divorce, this means that child custody and child support could now have to be divided out three ways.

In cases where a child has more than two parents, the court has the power to allocate custody and visitation among the parents based on the best interest of the child. So while this law is helpful, it can still be complicated, as dealing with just two parents is often complex as it is.

Let Our San Jose LGBTQ Divorce Lawyers Help You

LGBTQ+ couples often struggle with divorce due to child custody, visitation, and property division laws. Seek legal help to protect your legal rights.

Count on a San Jose LGBTQ divorce lawyer from Argyris Mah, LLP to help you end your marriage with ease. Schedule a free consultation with our office today. Fill out the online form or call (408) 214-6366.