Ventura, CA Same Sex Divorce Lawyer
As of June 2015, same sex marriage is legal in all 50 states. The case of Obergefell v. Hodges set a new precedent in the United States, whereby the Supreme Court ruled that it is unconstitutional for states to implement bans on same-sex marriage. The Court held that the refusal to recognize same sex marriages performed in other jurisdictions and denying the issuance of marriage licenses to same sex couples violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment of the U.S. Constitution. While it is true that same sex marriages are recognized in the same way that heterosexual marriages are under the law, same sex divorce brings another set of challenges that many couples do not anticipate. Even if you believe that you have a cut and dry divorce, and you and your spouse have come to an agreement regarding asset and property division, it is nevertheless in your best interest to contact a Ventura County same sex divorce attorney. Call the family law attorneys at the Law Offices of Bamieh & De Smeth today at (805) 643-5555 to schedule a free consultation.
Coping with Feelings of Guilt and Finding a Divorce Lawyer You Can Trust
Some same sex couples who have gotten married and subsequently divorced have expressed feelings that are not uncommon among divorced spouses– sadness, anger, regret, etc. There are also feelings of guilt, but not necessarily guilt directly associated with the trials and tribulations of marriage.
For decades, the LGBTQ community fought for the right to marry, and for this right to be recognized under the laws of the United States of America. Several same sex divorcees expressed a feeling of guilt over ending a union and a cause so sacred to their community. The reality of the situation is that same sex couples are human beings with real feelings, and their marriages present the same set of issues as any other marriages do. These feelings of guilt and betrayal towards their cause can sometimes result in couples to feeling shame over seeking legal services from a divorce attorney. At the Law Offices of Bamieh & De Smeth, the well beings and happiness of our clients are always a priority. Divorce proceedings should be handled delicately and with sensitivity and compassion. If you are seeking a divorce and need a Ventura family law attorney you can trust, do not hesitate to call the Law Offices of Bamieh & De Smeth.
Challenges Associated with Same Sex Divorce
There are several challenges that lesbian and gay couples may face when seeking a divorce. A few issues that impact same sex divorce include:
- Asset and property division – Although same sex marriage was legalized nationwide in 2015, many couples had been together for years and sometimes decades before the law was passed. In the eyes of the law, assets acquired before marriage are individual assets. This presents a challenge since assets and investments could have been acquired jointly by a same sex couple. Asset and property division can therefore become very complicated in same sex divorce proceedings.
- Child custody – If one parent is the biological parent of a child, but the non-biological parent wants custody, this can be difficult for courts to rule on especially if the non-biological parent did not legally adopt the child. Visitation and child support can also be challenging issues to rule on.
- Alimony – Most states factor in the number of years a couple was married when making determinations regarding spousal support. If a couple was married at the time it was legalized but were together, for example, 15 years prior to that, it is difficult to ascertain the appropriate amount and longevity of spousal support.
An excellent way to protect your interests in assets and property is to sign a prenuptial agreement prior to getting married or a postnuptial agreement if you are already married. When these two types of contracts are drafted properly and clearly, they can be very useful in divorce proceedings that would otherwise be spent arguing over the equitable division of assets.
Ventura County Same Sex Divorce Lawyer
Retaining a Ventura County family law attorney who has expertise in same sex divorces is necessary to protect your assets and legal rights. Anyone who has been through a divorce will tell you that, to put it simply – it’s not pretty. Divorce proceedings can bring out the worst in people, and they can drag on for years.
If you are seeking a divorce and want to consult with a same sex divorce attorney you can trust, call the Law Offices of Bamieh & De Smeth. Our skilled divorce attorneys understand the nuances of filing for divorce in California, and they also have experience litigating these types of cases. Call the Law Offices of Bamieh & De Smeth today at (805) 643-5555 and schedule a free and confidential consultation with a same sex divorce attorney you trust to protect your legal rights.