Campbell LGBTQ Divorce Lawyers

Offering Legal Guidance to Same-Sex Couples

The legalization of same-sex marriage gave everyone the right to marry their partner. It also gave them the right to pursue divorce if the marriage doesn’t work out. If you’re in a same-sex marriage that you wish to end, you need the legal services of lawyers who have experience with the complexities of same-sex divorce. This is particularly important if you have children or own property together, as these family law matters can be confusing to navigate.

Our family law firm understands that divorce is a difficult and emotional process, especially for LGBTQ couples who may face unique challenges. California law now treats same-sex and opposite-sex marriages equally, but navigating the divorce process can still be overwhelming. Our compassionate attorneys are here to guide you through each step, ensuring that your rights are fully protected and your divorce is handled with care and attention to detail.

At Hepner & Pagan, LLP, we have helped many members of the LGBTQ community with divorce or legal separation. When you need legal support and a friendly attitude from the lawyer helping you end your marriage, contact us to schedule a initial consultation.

What You Need to Know Before Starting an LGBTQ Divorce in California

Same-sex couples have the same legal rights and obligations when dissolving a marriage. One of the main advantages of this is that California is a no-fault divorce state. This means that, like all other marriages in California, LGBTQ couples do not need to prove a specific reason, such as infidelity or abuse, to file for divorce. The grounds for divorce are based on “irreconcilable differences,” meaning the couple has grown apart and cannot continue the marriage.

Residency Requirements for Filing Divorce

To begin a divorce in California, there are specific residency requirements that must be met. Either you or your spouse must have lived in California for a minimum of six months before filing for divorce. If neither of you has resided in California for that long, you will need to wait until this requirement is met. For those filing in Santa Clara County, there is an additional requirement: either party must have lived in the county for at least three months.

How an LGBTQ Divorce Attorney Can Help

If you meet the residency requirements, it’s essential to seek legal guidance. Our LGBTQ divorce attorneys at Hepner & Pagan, LLP, can help you navigate the divorce process, ensuring that all legal requirements are met and that your rights are fully protected. Whether you’re dealing with property division, custody, or spousal support, our attorneys will guide you through each stage of your divorce with care and commitment.

Understanding Legal Matters Unique to LGBTQ Divorce

While LGBTQ divorces are now handled the same as opposite-sex divorces, there may be unique factors to consider, such as asset division, legal parentage, and the recognition of your marriage in other states or countries. These considerations require careful attention to detail, and our family law attorneys are here to provide the support and guidance you need.

Contact us today to discuss your divorce options and ensure your legal rights are safeguarded throughout the process. Let our team assist you in navigating your LGBTQ divorce with confidence and clarity.

How Can Our LGBTQ Divorce Lawyers Help You?

Some uncontested divorces are straightforward enough that they don’t require much legal guidance or time in court, but those are rare. That typically only applies if you have no children and share very few debts or assets with your spouse. If you have children, own a home, or operate a business together, your same-sex divorce will benefit from the legal guidance only a lawyer can provide.

When you come to our Campbell law offices, we will assist with major family law matters. After all, how a judge rules on these issues can change your life, since this will affect how often you see your children and which assets you get in the divorce. Some of the most critical family law decisions we can help you with include:

These issues can be complex for any couple, but they’re especially challenging for same-sex couples with unique circumstances. Fortunately, our LGBTQ divorce lawyers in Campbell have successfully handled a variety of cases, so we’re confident we can meet your needs.

How Are Family Law Matters Handled in an LGBTQ Divorce?

Although California now strives to treat all divorces the same, this wasn’t always the case. As such, some details make same-sex divorce more complex than it has to be. This is why you need the legal advice of a team with experience with such cases.

For instance, establishing parental rights can be difficult if you use adoption or surrogacy to become a parent since you don’t have the presumption of paternity that most opposite-sex couples do. This can complicate child custody.

Also, if you got married before same-sex marriage was legal in every state, it may be hard to pinpoint how long your marriage lasted according to the law. This affects alimony and property division. These are just a few examples of how your divorce could differ from other divorces, which is why you need an LGBTQ divorce lawyer for your case.

Do You Need to Hire LGBTQ Divorce Lawyers in Campbell?

At Hepner & Pagan, LLP, we have offered legal services to members of the LGBTQ community for years, so we understand the intricacies of the family law matters you’re facing. You deserve to work with a team that can offer legal support and a compassionate attitude.

If you’re planning to end your same-sex marriage and have concerns about family law issues, such as alimony and child custody, call our Campbell law firm at 408-688-9153.

We can schedule an initial consultation to discuss your legal needs as you make decisions that will affect all aspects of your life.