LGBTQ Divorce Lawyer

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Best LGBTQ Divorce Lawyer in Arcadia

California LGBTIQ Divorce Lawyer
A divorce from a same-sex marriage is comparable to that of a traditional one. The team of compassionate and experienced LGBT divorce lawyers at the Mohajer Law Firm is here to guide and support you every step of the way. With their expertise and dedication, you can have peace of mind knowing that your rights and best interests are being protected. So don’t let the complexities of divorce bring you down. Let the Mohajer Law Firm help you navigate this challenging time confidently.

What Are the Requirements for an LGBT Divorce in California?

To be eligible for a divorce in California, at least one spouse must be a state resident for at least six months and a resident of the county where the divorce is filed for at least three months.

Once the residency requirements have been met, the next step is filing a petition for marriage dissolution with the court. This petition must be served on the other spouse, who then must respond.

Once the divorce proceedings have begun, the couple must address and resolve issues such as property division, child custody and support, spousal support, and other related matters.

Child Custody in LGBT Divorce

Child custody in LGBT divorce cases in California is determined based on the child’s best interests, just as in any other divorce case. Factors that the court will consider include the child’s relationship with each parent, the child’s stability and security, and the child’s overall well-being. If one parent has been the primary caregiver for the child, this may also be considered.

In some cases, both parents may have a strong relationship with the child, and both may want custody. In these situations, the court may award joint custody, which means that both parents have equal responsibility for making decisions about the child’s upbringing and have equal parenting time. A leading LGBTQ divorce lawyer in Arcadia can help you navigate the child custody process and ensure that your rights and your child’s best interests are protected.

Property Division in LGBT Divorce

In California, property division in an LGBT divorce is governed by the principle of community property. This means that any property acquired during the marriage is considered community property and must be divided equally between the two spouses in the event of a divorce. This includes income, real estate, personal property, and debts.

There are some exceptions to this rule. For example, property acquired before the marriage, or acquired as a gift or inheritance during the marriage, is considered separate property and is not subject to division in the divorce.

Determining the value of community property can be complex, especially if the couple has significant assets, such as a business or multiple properties. A top LGBTQ divorce lawyer in Arcadia can help you navigate the property division process and ensure that your rights are protected.

Prenuptial & Postnuptial Agreements in LGBT Divorce

Prenuptial and postnuptial agreements can be valuable tools for protecting assets in an LGBT divorce. A prenuptial agreement is a contract entered into before marriage that outlines how assets will be divided in the event of a divorce. A postnuptial agreement is a similar contract, but it is entered after the couple has already married.

Work with a skilled Arcadia LGBTQ divorce lawyer when creating a prenuptial or postnuptial agreement. An attorney can help you understand the legal requirements for these agreements and ensure that the agreement is enforceable and protects your rights and assets. If you’re considering a divorce and have a prenuptial or postnuptial agreement, your attorney can also help you understand your rights and obligations under the agreement.

Mohajer Law Firm Lawyers - Supporting LGBT Communities

Choosing the right LGBTQ divorce attorney in Arcadia, California is vital to a successful outcome in your divorce case. You want someone you can trust to protect your rights and those of your family and understand the unique challenges and complexities that can arise in an LGBTQ divorce. That’s why the Mohajer Law Firm has a network of excellent LGBTQ divorce attorneys who serve all over California. Whether you’re in San Francisco, Los Angeles, or somewhere in between, you can find an LGBTQ divorce lawyer near you who is knowledgeable and dedicated to helping you navigate this difficult time. With their expertise and compassion, you can have peace of mind knowing that your rights and interests are in good hands. So don’t settle for just any divorce lawyer; choose LGBTQ divorce lawyers near you who truly understand your needs and are ready to fight for you. Call us today at (626) 569-5200 or fill out our contact form and have your case evaluated by our team of experts. 

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Frequently Asked Questions (FAQs)

Can a same-sex spouse seek alimony in California?
Yes. Alimony, also known as spousal support, can be awarded to either spouse during or after divorce.
How is property divided in a same-sex divorce in California?

Property division in a same-sex divorce in California follows the state’s community property laws, which dictate that all assets and debts acquired during the marriage are divided equally between the spouses in a divorce. 

What are the custody rights for LGBTQ parents?
LGBTQ parents have the same legal rights and obligations as heterosexual parents when it comes to child custody. However, it’s important to note that custody disputes can sometimes involve unique challenges, particularly in jurisdictions where LGBTQ rights are not fully protected. Working with an experienced LGBTQ divorce attorney who understands these issues is crucial to ensure the best interests of the children are protected.
Is there a residency requirement for same-sex couples seeking a divorce in California?

Yes, there is a residency requirement for same-sex couples seeking a divorce in California. One spouse must have lived in the state for at least 6 months and in the county where the divorce is filed for at least 3 months before filing for divorce. 

Is a LGBTQ divorce legal in California?

Lesbian, gay, bisexual and transgender couples in California have the legal right to marry and similarly obtain the dissolution of marriage.