Same-Sex Divorce Lawyer in Beverly Hills

Our Los Angeles Domestic Partnership Lawyer Is Dedicated to You

California legalized same-sex marriage in 2008 and again in 2013, after the U.S. Supreme Court’s landmark ruling upheld a federal district court decision overturning Proposition 8 as unconstitutional. Proposition 8 had temporarily banned same-sex marriage from November 5, 2008 through June 28, 2013. Today, gay and lesbian couples in marriages and cohabitation agreements are afforded the same rights as heterosexual couples. They also face the same issues in the event of a separation or divorce.

The law office of Cary Goldstein, Esq., PC represents clients whose same-sex marriages or such agreements are ending. Beverly Hills domestic partnership lawyer Cary W. Goldstein offers guidance through the necessary legal proceedings.

The firm has practiced family law in Beverly Hills for 45+ years, handling the financial and parenting questions that arise when marriages, domestic partnerships, and unmarried relationships end.

Key issues addressed in same-sex divorce:

• Spousal support
• Child support
• Child custody and visitation
• Division of assets and debt

Learn more about your rights by calling (310) 935-0711. The firm represents clients in Beverly Hills, West Hollywood, and the surrounding areas in Los Angeles.

California Residency & Filing Requirements

California generally requires one spouse to have lived in the state for at least six months and in the filing county for at least three months before filing for divorce. Cases filed in Beverly Hills proceed through the Los Angeles Superior Court and are typically routed to the Stanley Mosk Courthouse or the Santa Monica Courthouse.

A specific exception applies to certain couples who married in California but now live elsewhere. When neither spouse lives in California or in a jurisdiction that will dissolve the marriage, the spouses may seek a same-sex marriage dissolution in the California county where the marriage took place. California law governs a case filed under this exception.

A dissolution judgment can’t become final until at least six months after the respondent is served or first appears in court, whichever occurs first. These rules are general legal information. A same-sex divorce attorney can assess residency, venue, and filing options based on the facts of the marriage.

Spousal Support in a Same-Sex Divorce

California courts evaluate spousal support under the factors in California Family Code section 4320. These include each spouse’s earning capacity in relation to the marital standard of living, the supporting spouse’s ability to pay, the duration of the marriage, and each party’s age and health.

The court also considers tax consequences, the balance of hardships, and any other circumstances it finds just and equitable. California law identifies self-support within a reasonable period as a goal. Except in a marriage of long duration, that period is generally one-half the length of the marriage.

No single factor determines the result. A same-sex divorce lawyer in Beverly Hills can present the financial history and other relevant circumstances affecting a request for temporary or long-term support.

Legal Parentage, Child Custody & Visitation

Legal parentage may need to be established or clarified before child custody and visitation issues are resolved, particularly when one spouse isn’t the child’s biological parent. California’s Uniform Parentage Act provides the framework for determining who’s legally recognized as a parent.

Under that framework, an intended parent who gives written consent to assisted reproduction using donated sperm or eggs is treated as the child’s natural parent. A sperm or egg donor who provides genetic material for someone other than the donor’s spouse is generally not treated as a natural parent unless the parties agreed otherwise.

Parentage records, assisted reproduction agreements, and the circumstances surrounding the child’s birth can be important in a same-sex divorce involving custody or visitation. The firm addresses these questions as part of its representation.

Understanding Legal Separation for Same-Sex Couples in CA

As a Beverly Hills palimony and family law attorney licensed to practice in California state and federal courts since 1979, Mr. Goldstein has witnessed significant changes in how Southern California judges interpret property rights for gay and lesbian couples. The legal team brings over 50 years of combined experience to these matters. Disputes over individual property and community property are common and may proceed outside domestic relations courts. If your significant financial assets are at risk, it’s important to have an experienced palimony attorney fighting for your rights. Attorney Goldstein is nationally reputed among Southern California’s leading palimony and domestic partnership lawyers and has handled more palimony cases than any other lawyer in the nation.

Property accumulated before marriage may require separate characterization from assets and debts acquired during the marriage. California generally applies community property principles to property acquired during marriage, while the date of separation affects when later income and assets begin to be treated as separate property.

A domestic partnership dissolution or cohabitation-related property dispute can raise issues distinct from the dissolution of a marriage. The firm handles individual and community property disputes involving gay and lesbian couples and represents both plaintiffs and defendants in palimony actions, including disputes involving cohabitation agreements and relationships that began before marriage.

The firm offers free in-person consultations to discuss:

• A same-sex divorce
• A separation
• A domestic partnership
• A cohabitation agreement
• A related property dispute

Contact the firm today at (310) 935-0711 for aggressive, insightful representation.