Back
Same-sex marriage refers to the legal union between two individuals of the same gender, granting them the same legal rights and responsibilities as heterosexual couples. Following the landmark Supreme Court decision in Obergefell v. Hodges in 2015, same-sex marriage became legal across the United States, including California. This ruling marked a significant step toward equality, ensuring same-sex couples could enjoy the same marital benefits, such as tax advantages, inheritance rights, and health care benefits.
However, even with the legalization of same-sex marriage, many couples face unique legal challenges related to their unions. This is where a same-sex marriage attorney can be invaluable. These attorneys specialize in the legal aspects of marriage, including prenuptial agreements, divorce proceedings, custody arrangements, and property division. At Baghdaserians Law Group, our knowledgeable El Segundo same-sex marriage attorneys can help navigate the complexities of family law as it pertains to same-sex couples, ensuring that their rights are protected and that they receive fair treatment under the law. Whether you are planning to marry, need assistance with legal documents, or face challenges related to your marriage, our same-sex marriage attorneys in El Segundo can provide the support and guidance you need to achieve a successful resolution.
Divorce in Same-Sex Marriage
Divorce in same-sex marriage involves many of the same legal considerations and processes as divorce in heterosexual marriages, but it can also present unique challenges and nuances. Since the legalization of same-sex marriage nationwide following the Supreme Court’s decision in Obergefell v. Hodges in 2015, same-sex couples have the same legal rights and responsibilities as opposite-sex couples when it comes to divorce. This means they can seek legal dissolution of their marriage through the same legal channels, including issues related to property division, spousal support, and child custody.
However, same-sex couples may face specific challenges during divorce proceedings. For example, suppose a couple has been together for many years but only married recently. In that case, they might need to address how to divide assets accrued during their partnership before marriage, potentially complicating property division discussions. Additionally, legal considerations regarding child custody may be influenced by factors such as adoption, biological relationships, and previous custody agreements if children are involved.
Working with a same-sex marriage attorney is crucial for navigating the complexities of divorce in same-sex marriages. Our experienced same-sex marriage attorney can provide legal advice tailored to the unique circumstances of same-sex couples, ensuring that their rights are protected throughout the divorce process. We can also assist with drafting prenuptial agreements before marriage or negotiating settlements during divorce to achieve fair and equitable outcomes for all parties involved.
Property Division in Same-Sex Marriage
Property division in same-sex marriage follows the same legal principles as in heterosexual marriages, but it can involve unique complexities. After the legalization of same-sex marriage in the United States, same-sex couples have the same rights as opposite-sex couples when it comes to the division of assets and debts acquired during the marriage. Property division generally occurs based on the laws of the state where the divorce is filed, which can either be a community property or equitable distribution state.
In community property states, like California, all assets and debts acquired during the marriage are typically considered community property and are divided equally between spouses upon divorce. This includes real estate, bank accounts, retirement funds, and other jointly owned assets. However, if one partner entered the marriage with significant separate property or certain assets were gifted or inherited, these may be classified as separate property and not subject to division. This classification can sometimes lead to disputes, particularly in same-sex marriages where partners may have cohabitated for many years before legal marriage.
In equitable distribution states, assets are divided based on what is deemed fair, which does not always mean equal. Factors such as the length of the marriage, each partner’s financial contributions, and the needs of any children involved can influence the distribution process.
Given the potential complexities involved in property division for same-sex marriages, consulting with a same-sex marriage attorney is crucial. Our experienced El Segundo same-sex marriage lawyer can help navigate the legal landscape, ensuring that all assets are identified and fairly evaluated and that the rights of each partner are protected throughout the divorce process. We can also provide guidance on issues such as prenuptial agreements and post-marital agreements to help safeguard assets before or after marriage.
Contact Baghdaserians Law Group Today to Learn More
If you have questions about property division in same-sex marriage or need assistance navigating the complexities of divorce, the experienced team at Baghdaserians Law Group is here to help. Our knowledgeable attorneys understand same-sex couples’ unique challenges and are dedicated to providing personalized legal support tailored to your needs. Don’t wait to get the guidance you deserve. Contact us today to schedule a consultation and learn more about your rights and options. Let Baghdaserians Law Group help you navigate this important process confidently and clearly. Your future matters—reach out to us now!
