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More Tips for Same Sex Marriages Ending in Divorce

Monday, August 17, 2020

When it became legal to marry someone of the same sex, many rushed to the alter because they finally could. However, others decided that they were fine the way that things were.  They decided not to change anything about their lives. 

However, once married, same-sex couples can also get divorced. It can be messy and complicated. Here are some more things to consider when getting a divorce.

Think About Your Children

If you have adopted children during your marriage, you have to consider their needs. You are going to have to come up with a good custody arrangement that works for everyone. If needed, you should pay child support so that your children can continue the life that they have been living.

Find a Way to Co-Parent Together

If you have children together, you are going to be in each other's lives for the rest of your lives. The sooner that you can get along, the better off you will be. It will also be much easier on your children if you are able to spend holidays and special occasions together.

Get the Help That You Need

If you are really struggling, you may want to talk to a therapist. He or she will help you find ways to cope with your divorce and all of the feelings that you are having. It can really make a difference in healing after a divorce.

Don't Give Up

Just because you are getting divorced doesn't mean that you are a failure. You are going to find someone again that makes you happy and ready to settle down again. You may even decide to marry again. In fact, many people are much happier in their second divorce because they really know what they want and need from their partner.

Find More More Tips for Same Sex Marriages Ending in Divorce 

If you have children, you need to consider them during your divorce. They need both of you in their lives so it is important to learn to work together so that they still have a good life. Then, if you are struggling, you need to get some help. There is nothing wrong with talking to someone as you adjust to this new time in your life. 

Contact us for all of your legal needs. We will be glad to help you get through this difficult time. 

Tips for Same Sex Marriages Ending in Divorce

Monday, August 10, 2020

Now that it is legal, same-sex couples can get married. While many same-sex couples rushed to get married because they finally could, others didn't feel the need to change the way that they have been living for several years. Many already felt married by that point, so they didn't. They have continued to live the way that they always have.

However, once married, same-sex couples can also get divorced. It can be messy and complicated. Here are some things to consider when getting a divorce.

Time Is Going to Be a Factor

The length of time that a couple is married can really affect a divorce. Unfortunately, many same-sex couples lived together for many years before being allowed to be legally married. Some judges will count the year that you were legally married, though some will count the time that you lived together to determine the rest of the divorce proceedings.

Dividing Property

When dividing up property and assets, the state starts at the property that you owned together since 2013. Even if you lived together for ten years at that point, they will only count the property and assets that you got from that point on.

Hire a Lawyer

Don't forget to hire a lawyer.You should never go through a divorce alone. You need an experienced lawyer on your side to make sure that you are protected and can find a divorce settlement that works for you.

Meditation

Consider using mediation. Since the courts have their own way of dealing with your property and assets, many same-sex couples go through mediation. It allows you to end the marriage on better terms and divide up your assets the way that you want to.

Conclusion

Getting divorced is never easy. If you are in a same-sex marriage, it can be even harder. Legally, you could have acted married for years before you ever did get married. This can really change your divorce proceedings. For this reason, many same-sex couples try to go through mediation and settle everything outside of the court system. If you can work together to come up with a settlement, it is going to be much better for everyone.

Contact us for all of your legal needs. We will be glad to help you get through this difficult time. 

Determining Parentage During a Same-Sex Divorce

Friday, April 10, 2020

Establishing parentage is important to make sure that same-sex parents maintain parental rights and are allowed to participate in parental responsibility allocation during the divorce process. However, there are still legal uncertainties in many locations throughout the U.S. when it comes to establishing parentage for same-sex couples. In California, the same rules applied to traditional paternity suits and divorces also apply to same-sex divorce and parentage.

Keeping the Divorce Out of Court

Same-sex couples going through the divorce process can benefit from staying out of court when resolving child-related issues. Couples can do so by discussing the matters with each other, in therapy, or with the help of a custody mediator who may be mandatory regardless of whether the divorce is in or out of court.

If the divorce goes to court, the rules pertaining to parenting rights for traditional couples will also apply to same-sex parents.

If Both Spouses Are the Legal Parents

Many divorces will involve two spouses who are both the legal parents of the child, which can be the case if both parents jointly adopt a child. The spouse of the child's biological mother is also considered the legal parent if:

  • The child was born prior to the legal marriage between the mother and father
  • Birth occurred 300 days of terminating the marriage
  • Non-biological parent adopted the child through a second-parent or stepparent adoption or developed a parent-child relationship via another parentage action.

If both parties in a male same-sex couple wish to establish dual parentage, either the non-biological parent will need to adopt the child, or if both parties are nonbiological parents, they must jointly adopt the child.

If One Spouse Is a Legal Parent

If only one individual is the child's legal parent, the other parent won't benefit from any parenting rights under any circumstances. Without establishing parentage, it may be difficult to secure visitation rights, although the legal parent will be able to determine if the second parent should be allowed to be involved in the child's life, as long as it is in the child's best interests.

Conclusion

For help with the same-sex divorce process and to learn more about establishing parentage, contact us today to see how Jamra & Jamra can assist you.

Child Custody: What Are The Best Interests Of The Child?

Thursday, January 05, 2017

One of the most heated and intense moments in your life can happen when child custody becomes the topic. For years, people have made their claims on why they should obtain custody of the children when a marriage or relationship ends. 

This is why it is so important to have the help of an experienced child custody attorney who can help protect the rights you have as a parent. You are fighting for your children, and you deserve to get the best results for the children you love so much.

Many people think that child custody cases are always ruled in favor of the mother. However, this is no longer the case. Many states across the United States will view both sides of the situation and determine the best situation for the child.

The child's best interest should always be number one. Several factors will determine where the child will live and who gets to make the important decisions in the child's life. 

If you do not understand how child custody battles work and you need someone to fight on your behalf, an experienced family law attorney will explain everything you need to know so that you can move forward with getting the results your child needs.

Some of the factors that are taken into consideration during a child custody case include the following:

  • Where the child wants to reside(if he or she is old enough to determine what he or she wants)
  • What the parents want
  • How well the child adjusts to the current environment
  • The mother/child and father/child relationship
  • The type of home life each parent can provide

This is only a small list of the things that will be considered when you are in the middle of a child custody battle. It is important to remember that the best interest of the child is what the judge will consider. 

If you need to be advised on what your chances may be in obtaining custody of your child, Contact a California child custody attorney today.


Domestic Violence Rates Higher among Same-Sex Couples

Tuesday, September 23, 2014

According to new literature, domestic violence rates are either the same or slightly higher among same-sex couples, compared to heterosexual couples.

Earlier studies have also indicated high rates of domestic violence in the homosexual and lesbian communities. According to previous studies, domestic violence rates as high as between 25% and 75% of persons in the lesbian, homosexual and bisexual category. However, it's hard to arrive at established figures as far as violence in this category is concerned. That's because is there is a lack of accurate or representative data. There is widespread under reporting of abuse and domestic violence among lesbians, gays and transgender couples.

Very often, people who identify themselves as sexual minorities are simply not comfortable about coming out in the open about the problems in their relationship. Besides, these relationships tend to be under a lot of stress because these people are sexual minorities. Individuals aren't comfortable about coming out about the violence and abuse that is going on in their lives.

Both males and females may hesitate to report the violence because of fear of discrimination, due to their sexual orientation. They also fear that they will be abused further by the partner, or be blamed for the abuse. In other cases, people who are in such abusive same-sex relationships haven't really come out about their sexual orientation to people like their family members. They don't want to come out to family members, via a domestic violence incident.

In California, victims who face domestic violence or abuse can take out a temporary restraining order that limits the violence perpetrator’s access to the victim. If you are currently being subjected to abuse or violence at home, speak to a family lawyer in Los Angeles about getting a restraining order and protecting yourself.