While Californi Law governs a same-sex marriage and divorce, it does not cover all aspects of the divorce process, including dividing 401(k)s. Another major difference is the way in which same-sex couples are taxed. When a heterosexual couple files for divorce, they can avoid paying capital gains taxes on their divorce. Same-sex couples cannot avoid these taxes. In order to receive a fair divorce, you should have a lawyer who specializes in same-sex divorce.
A divorce in the same-sex category is much more complicated than one involving a married couple. A judge will consider a variety of factors, including the length of the relationship, each spouse's income, and the circumstances of any children. Each state varies slightly in how it handles the alimony issue. For example, California offers palimony for unmarried partners, while many conservative states do not. When determining spousal support, the state where the couple resided will also play a big role.
Even though only one spouse is the biological parent, the relationship between the parents is considered equally important. Custody issues may be especially complex. A parent's relationship with the child is paramount in determining who will have custody of the child. Children in same-sex marriages are also prone to having legal problems, particularly if there is an unrecognized parent. If you have questions about the legal status of the child in a same-sex divorce, seek the help of an experienced family law attorney.
Psychologist-mediated divorce settlements are generally a better option for same-sex couples. In contrast to litigation, which involves handing over the client's personal affairs to a judge, the process of mediation is far more efficient. And, because the same-sex marriage can often be difficult for the judge, mediation can help to minimize the emotional and financial burden on both parties. It is recommended that a psychologist with a similar background help their same-sex clients to avoid the complexities of divorce litigation.
Although same-sex marriages are legal in California, the laws surrounding divorce are not as straightforward as in other states. For example, while property acquired before the marriage is considered separate property, assets acquired after the marriage are considered marital property. In cases of same-sex divorce, equitable division protocol will not ensure a 50/50 split. Moreover, if the couple has children, it is necessary to determine custody and visitation arrangements, as well as child support.
When a couple is divorcing, a family law attorney can be particularly useful. Despite the similarities in their practice areas, they work together to establish goals for each party. Their goal is the same as for any other family law case - to achieve a favorable result for their client. In a similar way to how divorce lawyers approach each case, the objective of the lawyer is to solve legal issues as quickly as possible.
Although same-sex marriage is legal in all states, it is not a perfect union. And it can be especially difficult when children are involved. That's where a professional attorney comes in.
