Santa Barbara Same-Sex Divorce Attorneys
In California, the laws governing same-sex divorce are identical to those in a traditional divorce. The decision to end a marriage or get divorced is rarely easy, and this applies to same-sex couples who are considering getting a divorce. This is especially true if you and your soon-to-be ex-spouse are not exactly on good terms and/or if children and significant assets are involved.
Here at The Law Offices of Bamieh & De Smeth, PLC, our Santa Barbara same-sex divorce attorneys are committed to helping same-sex couples make the divorce process easier for everyone involved.
What Exactly is a No-Fault Divorce?
As a no-fault divorce state, same-sex couples in California don’t have to prove that one spouse is at fault when filing for divorce. Fault, in divorce cases, usually refers to infidelity, domestic abuse, imprisonment, and desertion, among others. The divorcing couple just has to inform the court of their irreconcilable differences, which caused their marriage to break down. Another viable ground for divorce in California is the permanent legal inability of one spouse to make vital decisions. It is, however, crucial to note that the court might consider fault when making decisions about spousal support and property division.
What are Uncontested and Contested Same-Sex Divorces?
While California divorce laws follow the no-fault system, this doesn’t mean that both spouses will automatically consent to a divorce. This means that the ability to secure a same-sex divorce, as it is with a traditional divorce, is not definite and hassle-free. In cases like these, the divorce is contested.
The most common issues in contested divorces include child custody and support, spousal support, and property division, particularly when dividing sizeable property, assets, investments, retirement accounts, and/or income-generating property. In a contested divorce, the couple will need to litigate their issues in court so the court can decide on their contested issues.
With an uncontested divorce, on the other hand, both spouses consent to the divorce and agree on all the divorce issues, such as property division, spousal support, and/or child support and custody. Outside of the court system, same-sex couples also have the option to enter into an agreement that details how these divorce issues will be resolved. If you’re considering this option, seek advice from a divorce lawyer to make sure that the agreement is fair for all parties and/or that it’s in the child’s best interests.
Find Out How Our Santa Barbara Same-Sex Divorce Attorneys Can Help
Unfortunately, divorce is often complex and fraught with various complications. In the case of same-sex divorce, a common issue is child custody and support, especially in cases in which only one of the spouses is the biological parent of the child. Unless the divorcing couple can come to an agreement on their own, it will be up to the court to determine the child custody arrangement.
For more questions or help getting a same-sex divorce in California, don’t hesitate to speak to one of our experienced Santa Barbara same-sex divorce attorneys. You can reach The Law Offices of Bamieh & De Smeth, PLC, by phone at 805-643-5555 or online to arrange your free case review with one of our Santa Barbara same-sex divorce attorneys.