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Addressing Unique Needs Of Same-Sex Family Law Issues

California's Proposition 8 was struck down when the U.S. Supreme Court legalized same-sex marriage in 2013. This court decision guarantees all couples the same rights under the law.

Anyone in a same-sex marriage who is considering divorce may be concerned about issues of child custody, child support or spousal support. Though the law may view you the same, there may be mitigating factors the law does not address.

At O'Brien Family Law, PC, we understand the judicial system can be slow to catch up. Everyone's situation is different, and we can work to make sure the unique needs of your case are addressed.

Getting Fair Spousal Support During A Same-Sex Divorce

Many same-sex couples have been together for much longer than their marriage license indicates. You and your former partner might have spent 20 years together, but you only recently were able to marry. In California, marriages lasting longer than 10 years are considered marriages of a long duration. With longer marriages, the court views spousal support on a more individual basis, so support can potentially last much longer.

Our firm understands the complexity of these issues. If you need spousal support, our attorneys can help you create a strong case supporting your claim. We know you want what is fair, and we can assist you with getting it.

Fighting For Your Children In A Same-Sex Divorce

You and your soon-to-be ex may also share children. Whether these children are biological or adopted, you will need to agree to a custody arrangement. You may also be struggling with issues of child support.

California law provides same-sex couples with the same rights to custody and child support as any other couple. Generally, what is in the best interests of the child is the deciding factor. However, preference may be given to the biological parent. It is also possible that a court may not treat LGBTQ individuals equitably.

Our attorneys are experienced litigators. If your child custody or support case brings you to court, our firm will find the leverage needed to help settle your case. We understand your children are your priority, and we will do all we can to make sure your rights are upheld and they receive proper care.

Dissolving A Domestic Partnership In California

If you and your former partner had a domestic partnership, California law views these unions much the same as marriage. However, if you and your soon-to-be ex were married and have a domestic partnership, you may need to dissolve both unions. Our experienced Sacramento lawyers will walk you through this process and make sure your case is treated with compassion and sensitivity.

Trusted Counsel For Every Family — Let Us Help You Through This

Family law issues are delicate matters, and at O'Brien Family Law, PC, we are always ready to listen and provide the support you need to move forward. Reach out to us at 916-468-0707 or reach out to our attorneys online.