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May 21, 2021

Factors Considered For A Same-sex Divorce In Pleasanton, CA

The average Pleasanton Family Law Attorney has seen a major uptick in the number of divorce cases he or she sees from same-sex couples since the option for same-sex couples to wed became the law of the land in 2015. Following the Supreme Court ruling at that time, the legality of same-sex marriages became far less uncertain even though California had legalized the practice years before. A Pleasanton Divorce And Family Law Attorney will tell you that the considerations for a same-sex couple to divorce should be reviewed carefully to ensure that it is done properly in a court of law. 

Parental Rights

Tierney Law Group knows better than most that a same-sex divorce attorney in Pleasanton CA will have to look more carefully at how to get through the divorce process than some other couples would. Parental rights are a big consideration here. There is no way to make the same assumptions about parental rights for children as the court is likely to do when it is an opposite-sex couple. A Pleasanton same-sex divorce attorney will have to wade through previous considerations and legal decisions made to determine legal parental rights in these cases. 

Legal Date Of Marriage 

Given the fact that same-sex marriage was not legally available to couples until 2015 in many cases, it is difficult for the courts to determine exactly when a same-sex couple ought to be considered married if they co-habitated before they were legally married. Those circumstances happen all the time, and the courts must sort out exactly when the marriage date is for considerations of division of property and other factors to be weighed. 

Separation Of Retirement Accounts

Retirement accounts such as IRAs are important to the success and future retirement of any individual. Thus, it is important that the court figure out who can access these accounts and what percentage of the funds they will receive. Same-sex couples have a particularly challenging time when it comes down to this simply because the courts have not had as long of a time to adjust to working out the dynamics of these types of marriages. It is challenging to see exactly who put which monies into a particular account and how that ought to be split up when the marriage comes to an end. 

Consider An Alternative Divorce Solution 

There are options for those who do not wish to go through the full legal court process. Alternative divorce options make a lot of sense for those who wish to get the process over as quickly and inexpensively as possible. This is what a lot more couples these days are doing simply to avoid a lengthy court process and to say some cost of lawyers fees. It is still important to contact an attorney in these situations to make sure that everything is legally above board and going to work in your favor, but you can at least rest comfortably knowing that you are moving on to the next phase of your life without some of the baggage of the expense of a traditional divorce that you might otherwise have had to carry with you. 

These are just a few of the factors that are contemplated by courts in California and elsewhere when it comes to same-sex divorce. One should always consult with a Pleasanton CA Family Law Attorney for a consultation about their particular circumstances and what the attorney can do to help them get the best possible outcome working in their favor. It often takes considerable time and effort to make this work out, so get in touch with that attorney as quickly as possible. Look at the full spectrum of your situation and decide for yourself how you want to go about handling it.