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Family Law Blog

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. 

Changing Your Mind After the Divorce Papers Are Signed

Monday, January 06, 2020

In most cases, once the divorce papers are signed, there is really no going back. It is difficult for couples to reconcile once a party has gone through the trouble of having divorce papers drawn up, but it is not impossible. However, once the process has been started, can you stop it?

Modification

The answer depends on why and when you want to stop it. For example, if you want to stop the divorce filing to change the terms of the divorce papers, you have limited options. If the court has already approved them, you will need to file for a modification or appeal.

Cancellation

If you want to cancel the divorce papers after filing, then you have more options. If your divorce is still in the very early stages, you are within your right to withdraw your divorce petition. If the petition has not been filed by the county clerk yet, you can simply withdraw it and end your divorce before it even starts.

Withdrawal

If you cannot withdraw your petition from the county clerk because it has already been filed, you will need to file papers for voluntary dismissal. This can be done at any point during the divorce process and involves filing forms that ask the court to dismiss the case. If you and your spouse have reconciled, this can be done. However, it does involve a filing fee, but you do not have to give any explanation for why you want your divorce case to be dismissed.

Conclusion

Are you considering a divorce? This is not something should be done frivolously, and there are fees involved to prevent that. However, if you are serious and ready to file, contact us today to see what we can do for you. The Law Office of Jamra & Jamra is dedicated to helping you get the best possible outcome from your family law cases.

Can You Marry While a in a Domestic Partnership?

Monday, May 14, 2018

Often when choosing to solidify a relationship in the eyes of the law, people either choose a domestic partnership or marriage. While domestic partnership allows many of the same benefits as marriage, couples are not entitled to every benefit that comes with being married. While domestic partnerships are open to everyone, not just specifically to same-sex couples, many same-sex couples took advantage of what benefits they could get before marriage equality went through. Now that same-sex marriage is federally recognized, many same-sex domestic partners are wondering the same thing - can we get married without dissolving our partnership?

The simple answer is yes. If you are in a domestic partnership, even if from another state, you can now marry without first having to dissolve the partnership. It's kind of like upgrading to the full package if you choose to do so. However, this of course means you need to marry the person you are in a domestic partnership with. If you were a domestic partner with someone else, you will still need to dissolve that relationship before you can marry another. This is essentially much like a traditional divorce in process, although many find it much easier.

Once you have made the decision to marry, even if you are already in a domestic partnership, the process is still much like if you are still in no legally-binding relationship. You must apply for a marriage license at the County Clerk's Office and have it officiated within the time limit.

Thinking of Ending a Domestic Partnership?

While marrying in a domestic partnership is easy, not every domestic partnership ends in elevating the relationship further. In fact, sometimes these relationships end divorce. Unfortunately, just because you are in a domestic partnership doesn't mean dissolving it is going to necessarily be easier than a divorce from a marriage. If you are looking to dissolve a domestic partnership and need help, contact us today.