San Diego Same-Sex Divorce Lawyer

Call (858) 492-7968 for an Initial Consultation

Our legal team at Moore, Schulman & Moore, APC has guided numerous individuals and their families through successful divorce processes, including same-sex couples. If you need help with an LGBT divorce in San Diego, our team can provide supportive, reliable guidance every step of the way. Choosing to end a marriage is not easy, and it is our goal to make the process less daunting for you

If you created a premarital agreement, then we can help ensure that its terms are honored and carried out through during the divorce process. If your spouse contests the terms of your agreement, then our San Diego same-sex divorce lawyers can provide you with seasoned trial skills to take your case to trial, if necessary.

Contact our team at Moore, Schulman & Moore, APC online or call  (858) 492-7968 today for more information. 

LGBTQIA+ Divorce Issues in California

In California, divorce issues for LGBTQIA+ couples largely mirror those for heterosexual couples, but there are some specific considerations:

• Legal Recognition: California has recognized same-sex marriage since 2013. This means LGBTQIA+ couples seeking divorce are treated similarly to heterosexual couples under state law.
• Child Custody: California family courts focus on the best interests of the child when determining custody, regardless of the parents' sexual orientation or gender identity. However, issues like biological parenthood and assisted reproductive technology can complicate matters.
• Community Property Division: California is a community property state, which means that marital property (assets and debts acquired during the marriage) is typically divided equally upon divorce. This includes real estate, income, and retirement benefits accumulated during the marriage.
• Spousal Support: California law provides for spousal support (alimony) based on factors like the length of the marriage, each spouse's income and earning capacity, and the standard of living during the marriage. This applies equally to LGBTQIA+ couples.
• Legal Challenges: While California provides legal protections, LGBTQIA+ individuals may still face challenges such as bias or discrimination in family court proceedings. Seeking legal counsel familiar with LGBTQIA+ issues can be crucial for navigating these challenges effectively.
• Parental Rights and Adoption: LGBTQIA+ couples in California have equal rights to adopt children, and both spouses can be recognized as legal parents. However, issues related to adoption and parental rights can arise, especially if the couple used assisted reproductive technology or if one parent is not biologically related to the child.

Backed By Over 200 Years of Collective Experience

Our San Diego gay divorce lawyers bring more than 200 years of experience to each case they handle. Whether your divorce is settled inside or outside of court, we will let nothing stand in our way when protecting your best interests. We will do everything in our power to secure a case result that is aligned with your goals. With ten Board Certified Family Law Specialists by the California Board of Legal Specialization on our team, we are the kind of law firm you want in charge of your same-sex divorce in San Diego.