LGBTQ couples going through a divorce in Pasadena, California, have the same legal rights as any other married couple. However, “same rights” doesn’t always mean “same experience.”
The Graves Law Firm is here to help you ensure your interests are fully represented throughout the process.
Our top-rated family law firm has been helping families in the Pasadena area navigate complex divorce cases for 20 years. Our Pasadena LGBTQ divorce lawyers know how to fight for a fair result when the standard rules don’t account for the full picture of your relationship. Contact our law offices today at (626) 365-1037 for an initial consultation.
How The Graves Law Firm Can Help With Your LGBTQ Divorce Case in Pasadena, CA
Every divorce is personal at the end of the day, but LGBTQ divorces can raise legal questions that require a deeper level of knowledge. Having a lawyer on your side who recognizes those differences and who can provide you with the comprehensive legal services you need is critical.
Our Pasadena divorce attorneys at The Graves Law Firm will take the time to understand your relationship history and build a strategy around your specific goals.
We can help by:
- Explaining how California’s community property laws apply to your situation
- Addressing property division challenges when your relationship predates your legal marriage
- Establishing and protecting parental rights for non-biological parents
- Guiding you through custody and support arrangements
- Handling all communications and court filings on your behalf
- Representing you at hearings, mediation, or trial as needed
Reach out to us today for more information. Our Pasadena LGBTQ divorce attorneys can answer any questions you may have when we meet to review your case.
The California Divorce Process for LGBTQ Couples
The basic steps of a California divorce apply to all married couples regardless of sexual orientation. To file, either you or your spouse must have lived in the state for at least six months and in Los Angeles County for at least three months.
California is a no-fault state. Most couples file on the basis of irreconcilable differences, meaning neither spouse must prove wrongdoing by the other.
Once the petition is filed, your spouse must be formally served and has 30 days to respond. From there, the case may proceed out-of-court or may go all the way to trial if necessary. California also imposes a mandatory six-month waiting period before any divorce can be finalized.
Property Division and the Marriage Duration Question
California’s community property laws require that assets and debts acquired during a marriage be split equally. However, if you and your spouse were together for 15 or 20 years, for instance, before you were legally allowed to marry, the court may only consider the years of legal marriage when dividing property.
That means assets you accumulated together during those earlier years may not automatically be treated as community property, even if you pooled your finances the entire time. If you were registered as domestic partners under California Family Code § 297, that period may be recognized. If you weren’t, however, the gap between your relationship and your legal marriage can create real problems.
A prenuptial or postnuptial agreement can help address this. If you didn’t put one in place, an experienced attorney with our legal team may still be able to argue for a more equitable division based on the full scope of your relationship.
Spousal Support
Courts generally look at the duration of the legal marriage when deciding whether to award spousal support and for how long. For many LGBTQ couples, the legal marriage is significantly shorter than the actual relationship, which can lead to support awards that don’t reflect the true financial dynamics between the spouses.
Some of the other factors the court weighs include:
- Each spouse’s income and earning capacity
- The standard of living during the marriage
- Each spouse’s health and age
- Whether one spouse contributed to the other’s education and career
An LGBTQ divorce lawyer in Pasadena with our law firm can present arguments and evidence to help the court see the full financial picture, not just the narrow window of the legal marriage.
Child Custody and Parentage
If you and your spouse have children, one of the first issues may be determining whether both of you are recognized as the child’s legal parents. California’s parentage laws generally apply equally to married same-sex and opposite-sex couples. However, parentage questions can still arise in cases involving assisted reproduction, surrogacy, children born before the marriage, or where legal parentage was never formally established.
If only one spouse is the biological parent, the other spouse’s child custody rights will depend on whether legal parentage was formally established.
Common ways to do that include:
- Completing a second-parent adoption
- Obtaining a parentage judgment through the court
- Signing a Voluntary Declaration of Parentage
California does recognize what is referred to as “de facto parent” status, but it’s far less secure than having formal documentation.
Schedule an Initial Consultation With Our Pasadena LGBTQ Divorce Attorneys
LGBTQ divorce cases deserve an attorney who thoroughly understands what makes them unique. The Graves Law Firm has been helping Pasadena families for 20 years, and we’re ready to put that experience to work for you as soon as you are.
Contact our Pasadena LGBTQ divorce attorneys today to schedule a consultation. We’ll help you figure out the best path forward and represent your interests every step of the way.