Riverside Same-Sex Divorce Lawyer

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Riverside Same-Sex Divorce Attorney

Divorces can be extremely stressful, even if they’re relatively amicable. You need to make sure your interests are protected throughout this difficult process. You need to hire a Riverside same-sex divorce lawyer who can help with everything from tracking down hidden property to helping you argue for or against spousal support.

You can trust the team here at Edgar & Dow to offer you honest, realistic advice that moves your divorce case forward as quickly and amicably as possible. We’re familiar with same-sex divorce laws and how they affect different cases. We’ll make it our top priority to help you come to an amicable solution with your partner regarding important provisions of your divorce, such as property division, child custody, and spousal support.

best same sex divorce lawyer in riverside

Hire a Same-Sex Divorce Lawyer

An estimated 102,587 same-sex couples are married in California, accounting for 1.6% of the married population. Overall, around 61% of all same-sex couples are married in the United States. Nationally, the annual same-sex divorce rate is 1.1% compared to the 2% annual divorce rate among different-sex couples. That said, same-sex divorces are still quite commonplace.

The time surrounding the dissolution of your marriage is stressful enough without having to worry about judgment coming from your lawyer. That’s why you should hire a same-sex divorce lawyer who is used to working with all kinds of clients, not just straight people. Our team treats every client with respect and every divorce with the seriousness that it deserves. Without a lawyer, you have no way to protect your interests. With one, you’ll have less to stress about.

Do Same-Sex Divorce Laws Work Differently?

It’s worth noting that same-sex divorces work just the same way as heterosexual dissolutions of marriage. All the same marriage laws cover them, and they must go through the same process of property division, assigning child custody and support if applicable, and determining whether spousal support payments are appropriate.

It used to be the case that same-sex couples could only get divorced if they lived in states that had marriage rights for everyone. Now that same-sex marriage is federally legal, you can get a divorce in any state. The only difficulties facing same-sex couples during a divorce are those that also plague their heterosexual counterparts.

What’s Involved in a Same-Sex Divorce?

During a divorce in Riverside, you and your spouse will need to come to an agreement about several important aspects of how your marriage will be dissolved before a judge can issue a divorce decree. You’ll need to be on the same page about:

Property division. California is a community property state, which means that any property owned by a married couple gets divided evenly when that marriage dissolves. That doesn’t mean the process is always easy, though. You need a divorce lawyer on your side to help with property division to ensure a fair and equitable process.
Child custody. If there are minor children from the marriage, you’ll need to decide who will get custody. California generally favors a 50/50 split of parenting time, but only if it’s in the child’s best interests. Child custody is one of the most challenging divorce-related issues dealt with at the Riverside County Superior Court, so it’s important to have a lawyer who has handled difficult custody cases in the past.
Child support. In most cases, non-custodial parents are required to make child support payments. Whether you’re the custodial or non-custodial parent, you should have the child support agreement reviewed by a lawyer prior to agreeing to its terms.
Spousal support. Also known as alimony, spousal support is designed to help non-working spouses get back on their feet and achieve a state of financial independence. It’s rare for California to award permanent spousal support, but short-term and long-term alimony are both relatively commonplace in both straight and same-sex divorces.

FAQs About Riverside, CA Same-Sex Divorce Laws

What Is the 5-Year Rule in California for Divorce?

The 5-year rule in California for divorce refers to the process of summary dissolution. Couples that are married for less than five years are often eligible to get a summary dissolution instead of a full divorce. They don’t have to go through formal court proceedings, saving them both time and money. Only couples with no children or significant assets are allowed to use this procedure.

Does California Protect Same-Sex Marriage?

California protects same-sex marriage. It has been legal in California since 2013, but the Golden State first began issuing marriage licenses to same-sex couples for a brief period in 2008. Currently, California has extra protections in place for same-sex marriage that go beyond those set forth by the federal government. Were the federal government to get rid of its legal protections, same-sex marriages would still be valid in California.

Can Both Spouses Use the Same Divorce Lawyer?

Both spouses cannot use the same divorce lawyer due to conflicts of interest. Each spouse has opposing interests in a divorce, so they need to hire their own attorneys to ensure that they both receive fair representation. Representing two different clients in the same case is often viewed as a conflict of interest and unethical for lawyers. You can find a Riverside same-sex divorce attorney to help with your case.

How Much Are Divorce Lawyers in CA?

How much divorce lawyers cost in CA depends on several factors. The most impactful factors include the experience of the lawyer, the complexity of the case, and whether that case is litigated in court. To understand what costs you may incur, provide the details of your claim to a potential lawyer during your initial consultation so they can provide you with an estimate of costs.