LGBT Divorce

San Francisco LGBT Divorce Attorney

Divorce Is Hard Enough, Don't Go Through It Alone in The Bay

Divorce is never an easy process, but it can be made even more stressful when you are dealing with the added challenge of being a member of the LGBT community. If you are a lesbian, gay, bisexual, or transgender person who is getting a divorce, you may have additional questions and concerns about how the process works.

At Nachlis | Cohade | Lopez-Whitaker, LLP, our San Francisco LGBT divorce lawyers are here to help. We understand the unique issues that LGBT members face and are committed to helping you resolve your case in a way that is as painless as possible.

Ready to begin your LGBT divorce case in San Francisco? Call us today at (415) 855-9344 or contact us online.

California LGBT Divorce Laws

In California, LGBT divorce laws are the same as divorce laws for opposite-sex couples. The state recognizes same-sex marriage and registered domestic partnerships, and the same laws apply to the dissolution of these relationships.

Here are some key things to know about LGBT divorce in California:

  1. Residency Requirements: In order to file for divorce in California, at least one spouse/partner must have lived in the state for at least six months prior to filing.

  2. Grounds for Divorce: California is a no-fault divorce state, which means that you do not need to prove fault or wrongdoing in order to obtain a divorce. The grounds for divorce are irreconcilable differences.

  3. Property Division: California is a community property state, which means that all property acquired during the marriage/partnership is generally considered to be community property and is divided equally in a divorce. However, there may be exceptions to this rule depending on the specific circumstances of your case.

  4. Child Custody: California courts make custody decisions based on the best interests of the child. Both parents are generally entitled to legal and physical custody, unless there are factors that would make joint custody not in the best interests of the child.

  5. Spousal/Partner Support: Spousal/partner support (also known as alimony) may be awarded to one spouse/partner based on factors such as the length of the marriage/partnership, the earning capacity of each spouse/partner, and the standard of living during the marriage/partnership.

It is important to note that divorce laws can be complex, and the specific details of your case can impact how the laws apply to you. It may be helpful to consult with an attorney who has experience in LGBT divorce cases to ensure that your rights are protected.

Am I Eligible to File for LGBT Divorce in California?

Yes, if you are in a same-sex marriage or a registered domestic partnership in California, you are eligible to file for divorce in the state. California recognizes both same-sex marriage and registered domestic partnerships, which means that the same laws that apply to divorce for opposite-sex couples also apply to same-sex couples.

In California, the process for LGBT divorce is similar to that of a traditional divorce. You will need to file a petition for dissolution of marriage or domestic partnership, and you and your spouse/partner will need to come to an agreement on issues such as property division, child custody, and spousal/partner support. If you are unable to come to an agreement, a court will make these decisions for you.

It is important to note that divorce laws can vary by state, and if you were married or entered into a domestic partnership in a state that does not recognize same-sex marriage or partnerships, you may need to consult with an attorney to determine your options for divorce.

How We Can Help

Our LGBT divorce attorneys can help you with the full range of divorce-related issues. We can help you resolve property disputes and other disagreements that may arise during the divorce process. We can also help you draft legal documents, such as prenuptial and postnuptial agreements, that can help you protect your assets and other interests.

Contact Our LGBT Divorce Lawyers

If you are a member of the LGBT community who is getting a divorce, we want to help. To find out more about our services, please contact us to schedule an initial consultation. We are based in San Francisco, but we serve clients throughout California.

Ready to begin your LGBT divorce case in San Francisco? Call us today at (415) 855-9344 or contact us online.