Work With An Experienced LGBTQ+ Divorce Attorney In Huntington Beach

When your marriage ends, you do not have to face the divorce process alone. You deserve to have an empathetic and skilled attorney by your side.

Denise Furubotten is proud to offer compassionate and supportive guidance to LGBTQ+ couples navigating the divorce process. Utilizing decades of legal experience, Denise and her team at Furubotten Law, APC, help California families create personalized strategies based on their specific situations and needs.

What Challenges Do LGBTQ+ Couples Have In Divorce?

In California, divorce law applies to all married couples regardless of the sex of those involved. However, LGBTQ+ couples may face unique challenges during the divorce process.

Unfortunately, because of how recently same-sex marriages were legalized in the United States, many couples were together long before they married. As a result, the court may not consider the full length of the relationship when making decisions about financial support and property division. Assets acquired before a couple was married would not be community property under California law, even if both spouses made contributions to the household. A skilled attorney can help you create a strategy to address this challenge.

Parents may also face challenges when determining child support or custody. Because one person may have parented their spouse’s child without adopting that child, they may not have any legal right to continue that connection after divorce. If you are in this situation, you may want experienced guidance to help you protect your relationship with your child.

Property Division For LGBTQ+ Couples

While California law treats all married couples equally, LGBTQ+ couples may face unique challenges in property division during divorce, especially if they were together long before marriage equality became legal in 2015. Some of the key legal issues may include:

• Premarital assets: Property acquired before marriage may not be considered community property, even if both partners contributed financially.
• Business ownership: Couples who co-owned businesses before marriage may face difficulties dividing ownership or determining value.

Any asset division requires clear knowledge and is better handled through proper legal intervention. An experienced same-sex partnership attorney can help you cover this complex matter of challenges by thoroughly examining the couple’s financial history. They can develop favorable legal strategies to help ensure fair property division, recognizing contributions made throughout the relationship, even before legal marriage. This may involve negotiating agreements beyond strict legal requirements to reflect the true nature of the relationship.

Child Custody And Support For LGBTQ+ And Families

Child custody and support can be particularly challenging areas for LGBTQ+ couples during divorce. In some cases, only one parent may have a biological or legal connection to the child, even if both have acted as parents throughout the child’s life.

For example, if one partner gave birth to or adopted a child before the couple married, and the other partner never completed a second-parent adoption, the nonbiological or nonadoptive parent may lack legal rights to custody or visitation. Same-sex partnership attorneys understand the unique dynamics of LGBTQ+ families and work tirelessly to protect their clients’ parental rights. In your case, they can:

• Explore legal options like adoption or establishing de facto parent status
• Establish de facto parent status to protect bonds between nonbiological parents and children
• Ensure fair custody arrangements that prioritize your child’s best interests

Based on what is at stake during this process, legal interventions are for the best outcome of the child’s interest.

Registered Domestic Partnerships

Registered domestic partnerships still exist in California and are available to both same-sex and opposite-sex couples. Couples in domestic partnerships who wish to end their relationship must go through a process similar to divorce, known as dissolution.

For couples with both a domestic partnership and a marriage, it is crucial to address both legal relationships during separation. Skilled same-sex partnership attorneys can help ensure that all necessary steps are taken to dissolve both the partnership and the marriage fully.

Speak With A Compassionate LGBTQ+ Divorce Attorney Today

Furubotten Law is committed to helping California couples navigate the divorce process and make informed decisions. For a no-cost initial consultation with an experienced family law attorney, contact the firm online or call 714-400-2688.