San Diego Same-Sex Divorce Attorneys

Meet the Residency Requirements

You must meet California’s residency requirements to get a divorce in the state. At least one spouse must have been a resident of California for at least six months and a resident of the county where the divorce is filed for at least three months.

File a Petition

One spouse must file a Petition (FL-100) for Dissolution of Marriage in the appropriate California Superior Court. The Petition is a legal document that explains the basis for the divorce and the orders you are requesting from the court.

Serve the Petition

The other spouse must be served with the Petition. This means that they must be given a copy of the Petition and a Summons, which notifies them that they are being sued for divorce and explains their rights and obligations.

Exchange Financial Information

Both spouses must fill out and exchange a Preliminary Declaration of Disclosure (FL-140) and a Schedule of Assets and Debts (FL-142), which provide information about their income, expenses, assets, and debts.

Resolve Issues

You and your spouse must agree on how to resolve all issues related to the divorce. This includes issues related to property and debt division, spousal support, child custody, and child support.

Finalize the Divorce

Once you and your spouse have reached an agreement, one of you must prepare a Judgment (FL-180) of Dissolution of Marriage. This is a legal document that outlines all the terms of your divorce. You must submit the Judgment to the court for approval.

Wait for the Divorce to Be Final

In California, there is a mandatory six-month waiting period before a divorce can be finalized. This means that you must wait at least six months from the date your spouse is served with the Petition before you can finalize the divorce.

File the Divorce Decree

Once the waiting period is over, you can file a Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment. The court will then finalize the divorce.

If you and your spouse are in agreement on all issues related to your divorce, you may be able to get an uncontested divorce. This can save you time, money, and stress. However, if you and your spouse cannot reach an agreement, you will need to go to court and have a judge make decisions for you. This is known as a contested divorce.

At Andy Cook Law, we understand that going to court can be stressful and time-consuming. That is why we work hard to help our clients resolve their issues outside of court whenever possible. Our San Diego same-sex divorce attorney is a trained mediator with extensive experience helping clients resolve their issues through mediation. However, we are prepared to vigorously represent your interests in court if litigation is necessary.

Same-Sex Divorce Mediation

Mediation is a type of alternative dispute resolution that allows couples to resolve their issues outside of court. It is a voluntary process that is facilitated by a neutral third party, known as a mediator. The mediator does not make decisions for the couple but helps them communicate and negotiate a fair agreement.

Mediation can be a good option for same-sex couples who want to avoid the time, expense, and stress of going to court. It can also help preserve the relationship, which is especially important for couples who have children together. However, mediation is not the right option for everyone. If you and your spouse cannot reach an agreement through mediation, you will need to go to court and have a judge make decisions for you.

How Does Same-Sex Divorce Affect Children?

If you and your spouse have children together, you will need to resolve issues related to child custody and visitation as part of your divorce. This is true regardless of whether you have children together through adoption, surrogacy, or a previous heterosexual relationship.

Under California law, same-sex couples have the same rights to child custody and visitation as opposite-sex couples. The court will decide based on what is in the child’s best interest. 

This means that the court will consider factors such as:

• The child’s age and health
• The child’s relationship with each parent
• Each parent’s ability to care for the child
• The child’s current living situation
• The child’s ties to school, home, and community
• Any history of domestic violence

In many cases, the court will try to ensure that the child has frequent and continuing contact with both parents. This means that the child will spend time living with each parent and that both parents will have the right to make decisions about the child’s upbringing. However, if one parent has a history of domestic violence or is not able to care for the child, the court may award sole custody to the other parent.

Our same-sex divorce lawyer in San Diego can help you with all child custody and visitation issues, including:

• Legal Custody: Legal custody refers to the right to make important decisions about the child’s upbringing, such as where they will go to school and what religion they will practice. The court can award legal custody to one parent or both parents.
• Physical Custody: Physical custody refers to where the child will live. The court can award physical custody to one parent or both parents. If physical custody is awarded to one parent, the other parent will have visitation rights.
• Visitation: If one parent is awarded physical custody, the other parent will have visitation rights. The court will create a visitation schedule that outlines when the child will spend time with each parent. If both parents are awarded physical custody, the court will create a parenting plan.

At Andy Cook Law, we understand that your children are the most important thing in your life. We are here to help you protect your relationship with your children and find a child custody arrangement that is in their best interest.