same sex couple looking away from each other

5 Things You Should Know About LGBTQ+ Divorce

With the legalization of same-sex marriage, thousands of lesbian, gay, bisexual, transgender, queer (LGBTQ+) couples marched to the altar to get married. Unfortunately, marriage doesn’t always work out. If you are on the cusp of getting divorced, then you should be aware of the complications that can come with LGBTQ+ divorce.

Here are some of the issues that you will need to sort through:

1. Child Custody

You and your spouse will need to come to a child custody arrangement. Unless it can be proven that your partner leads a destructive or unhealthy lifestyle, you will have shared custody of the child with one of you as the primary caregiver.

2. Alimony

If you left the workforce to make a home for your partner and children, you may be entitled to alimony. In most instances, the amount of alimony you receive and the length of time you get it will depend on how long the two of you were married.

3. The Valuation of Your Business

If the two of you were in business together, you will need to have the value of the business assessed. This must happen so that the assets can be properly divided.

4. Spousal Support Complications

If the two of you lived together in a state in which you could not marry but then later moved to California, your time together in that state will not count in determining spousal support. However, it is possible for your respective lawyers to work through this complication.

5. Children Before Marriage

If you had children together before you were married, it is essential to establish custody. This will require determining parentage which can quickly become complicated. However, it is the only way to avoid complications over custody and child support.

Call Cecil Cianci Law today at (916) 675-3866 speak with us about getting a same-sex divorce in California.

 

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