San Jose Same Sex Divorce Lawyer
Same-sex couples fought for many years to obtain the right to marry their partners and they got their wish in 2013, when California granted them the right to marry. But just like any other married couple, a same-sex couple may wish to divorce at some point.
The laws for divorcing in California are pretty much the same whether a couple is heterosexual or homosexual. Married same-sex couples are entitled to the same rights and responsibilities when they divorce as are heterosexual couples. However, divorce for same-sex couples may be more complicated, as it comes with various nuances due in part to the legal gray area prior to 2013.
Same-sex couples seeking to divorce may feel more comfortable with the help of an attorney who understands the unique needs and challenges faced by gay and lesbian couples. If you’re a member of a same-sex couple and want help with your divorce, contact a San Jose same sex divorce lawyer from Argyris Mah, LLP. We will provide you with superior legal guidance at every step of the way.
Complexities of Same-Sex Divorce
Same-sex divorce can be complex, just like any other divorce. Here are some common issues:
- Recognition of marriage. You can now get married and divorced in all states thanks to a Supreme Court ruling in 2015. However, many couples have been together since long before then, so there may be issues as to how long the relationship lasted and whether this affects alimony and property division.
- Child custody and parental rights. Same-sex couples may have children through various means such as adoption, surrogacy, or biological parenthood. Custody arrangements and parental rights can be complex, especially if only one partner is the legal parent or if the laws regarding parental rights for same-sex couples are unclear.
- Division of assets. Same-sex couples may have acquired assets together during their relationship, but the laws regarding the division of assets in a divorce may not fully account for non-traditional families.
- Spousal support. Determining spousal support can be more complex for same-sex couples, particularly if one partner has been economically dependent on the other and there are disparities in earning potential.
- Religious and cultural factors. Same-sex couples may face additional pressure from religious or cultural communities that do not recognize their marriages or may have negative attitudes towards divorce.
- Privacy and safety concerns. Coming out or revealing one’s sexual orientation or gender identity during divorce proceedings may raise concerns about privacy and safety, especially in communities where LGBTQ+ individuals may face discrimination or harassment.
Our San Jose Same Sex Divorce Lawyers Can Assist You Today
Divorce can be complicated, and this is especially true if you are part of a same-sex couple. Issues can rise due to the stigma of being gay or lesbian.
Regardless of your sexual orientation, a San Jose same sex divorce lawyer from Argyris Mah, LLP can help you navigate the divorce process with ease. We focus on fresh starts. Call (408) 214-6366 or fill out the online form to schedule a consultation.
