When it comes to same-sex marriage and divorce, people often assume that the divorce process will be completely different, but this isn't the case In California a same-sex divorce is approached in the same way a traditional divorce does, and the same matters apply: child support, property division, asset distribution, and more! We approach same-sex marriages with the same goals in mind, that you both are looking to part ways in a peaceful manner without having to spend thousands of dollars on a divorce lawyer and months, if not years, waiting for completion by a judge's decision. Mediation puts the process and finalization back in YOUR hands.
We offer a free 30 minute consultation, just fill out our "Ask the Mediator" form or give us a call!
Over the years, since gay marriage has passed, as mentioned, the principles still apply. Both individuals are entitled to the same due process and full protection under California Law. The same factors will still apply.
Factors to Consider with a Same Sex Divorce
Is the divorce contested or uncontested;
The length of the marriage;
The age, mental and physical condition of each spouse;
The assets accumulated during the marriage;
Are there any children born of the marriage;
If there are children involved, what will the custody/visitation and child support obligations be;
And many more!
This is the wrong appraoch! Since it is the same approach, having a mediator such as A Fair Way Mediation, we approach your case from the same perspective of quality and dignity, with the goal of resolving your marriage in peaceful proceedings.
Contested v. Uncontested Divorce
Contested Divorce:This can be far more complex than an uncontested divorce. This is often referred to as a "litigation" divorce, meaning each of the spouses have hired their own lawyers and the lawsuit has been put in place. Once this begins, individuals are required to disclose personal finances, taxes, debts, and miscellaneous incomes. This will then involve depositions, lawyer communication, a trial, then a presentation in front of a judge that will evaluate the issues and sides and make the final decision. The judge will also evaluate child support if needed, property division, and other issues.
Uncontested Divorce: An uncontested divorce is when both individuals are in agreemnet on the major issues that involve a divorce, the same issues such as child support, property division, etc. It is a far easier path for a successful conclusion that is both peaceful and FAIR to each party, and far cheaper. The goal is to not make the divorce contentious but allow you both to be heard in a peaceful manner, and put the fate of the divorce in your hands, not the judge.
Get the Right Advice from A Fair Way Mediation!
At A Fair Way Mediation, our mediation team is experienced and highly skilled in divorce pre-suit preparation and contested divorce litigation. Our first objective in any divorce case is to get an intimate understand of our client’s needs, desires and concerns. We want to understand your family dynamic and the issues that matter most to you. It is always preferably to reach an amicable resolution in a divorce case. That will always be less stressful, less painful and less costly than a contested divorce. As your mediator, we will help you understand your options and answer your questions. For more information on divorce proceedings, please fill out our online form or call today!