Same Sex Divorce
Same Sex Divorce in San Diego

Same Sex Divorce in San Diego
We have significant experience with San Diego same sex divorce. Since 2013, all couples in California have shared the same rights to marry and divorce, regardless of sexual orientation. If you are in a same-sex marriage and therefore considering a same sex divorce, we are here to help you navigate every aspect of dissolving your relationship, from determining the division of your property to child custody, child support and spousal support.

In California, you are not required to supply an explanation for why you want to divorce, nor do you need to prove that your spouse did something wrong to dissolve your marriage. California is a “no fault” state, meaning that you may divorce simply because your marriage is irretrievably broken, which is usually termed “irreconcilable differences.”

However, in order to file for divorce in California, either you or your spouse must have lived in in the state for the last six months, and in the county in which you file your dissolution petition for at least the past three months. If you do not meet these requirements, say you just arrived in San Diego County, you may still file a petition for legal separation and convert that petition to a dissolution after you have met the residency requirements.

When Will My Divorce Be Finalized?
Like all divorces in California, by statute, the quickest you can be divorced is six months from the date the petition is filed. Your case may take longer depending on many different factors and your unique situation, but it is important to know that it will take at least six months before it is finalized regardless of your circumstances.

An uncontested divorce – one where you and your spouse have agreed on the issues posed by the breakup of your marriage—is likely to be finalized sooner than dissolution proceeding with unresolved property and custody issues. How well both parties can work together to come to an agreement will significantly impact how quickly your divorce can be finalized.

Child Custody
In a same sex divorce as in any divorce, Schaffer Family Law Group will always attempt to negotiate a fair and reasonable parenting plan to avoid costly litigation. Where two parents of the same gender are raising children together, the child custody determination can be more complex, and may depend on the relationship both parents have with the children—not merely their biological connection. Child custody may also depend on whether there was a formal adoption, or efforts were made to adopt. Because the law in this area is constantly evolving, it is important to have experienced and able San Diego family law attorneys to guide you through the same-sex divorce process.

Division of Property
Although dividing property in a dissolution is the same regardless of the sexual orientation of the parties, because same-sex marriages have only been legal for a relatively short time, there may be situations where parties have lived together for a significant period prior to having the ability to legally marry. The disposition of the assets acquired during the time prior to the marriage is not governed by the Family Code. Again, our attorneys have experience that will help you determine how best to resolve property issues arising from a relationship that predated the marriage. Our San Diego family law attorneys will work with you to understand what is considered community property and recommend a strategy for dividing property and other assets (including stock options) and debt.

Call Schaffer Family Law Group at (858) 509-7907 to schedule a strategy session today.


Sarah T. Schaffer In The News

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Sarah T. Schaffer Recognized in San Diego Discovery Magazine With over 220,000 attorneys in California, Schaffer is one of the few, numbering 178 within San Diego, to hold the distinction of Certified Family Law Specialist.

San Diego Magazine Women of the Year Awards Colonel Sarah T. Schaffer, USMC – Camp Pendleton recognized for her Military Service as JAG Officer.

Top 50 Influential Leaders in San Diego Sarah T. Schaffer is active in the San Diego County and North County bar associations and supports the programs of Kids’ Turn San Diego, a nonprofit that helps children through family separations, and Casa Cornelia Law Center, which provides pro bono legal services to victims of human and civil rights violations.

Dividing a Business - San Diego Discover Magazine Not all businesses have marital value, especially smaller businesses whose primary value is from the efforts of one spouse.

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Family law matters are never simple By your side every step of the way

Certified Family Law Specialist CFLS Sarah Schaffer, Wayne Rice and Leslie Ryland have been certified by the State Bar of California as “Certified Family Law Specialists,” a distinction earned by family law attorneys who have “gone beyond the standard licensing requirements.” Every attorney at Schaffer Family Law Group has either earned their CFLS Certification, or is actively working towards that professional goal as a requirement of the firm and our commitment to providing our clients the most skilled and proficient attorneys in San Diego County.

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