A Fair Way Mediation has been providing same sex couples with divorce mediation services for over 4 decades! It can be a common misconception that a same sex divorce is different from a traditional divorce, but in California, this is not the case. Same sex couples face the same issues that any other couple would have and the divorce process should be approached the exact same. Our goal is to provide our clients with an affordable and confidential divorce process, we don't want the issues played out in court and work hard to create a comfortable environment in which the issues are discussed so that you both can reach a mutually benefical agreement that will allow you to move on with your lives.
For a free consultation, please fill out our "Start Evaluation" form or give us a call!
Of course, same sex couples are legally allowed to get married and there is no more complexity than "traditional" marriage. Same sex couples have the same due process and full protection under California Law as any one else, but there have been emerging issues that come up with a same sex divorce that can be unique, but overall the law is the same.
Same Sex Divorce Factors to Consider
Is the divorce contested or uncontested
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
The parental responsibilities of each party during the marriage
The respective earning power of each party in the marriage
The taxable income of each party
The contributions of each party during the marriage
Any other relevant factor affecting the parties
It’s important to remember that same sex couples going through a divorce will need similar services as any other couple. There’s a trend to treat same sex divorces and the accompanying family law issues affecting same sex couples as something different or “other”.
But that is the wrong approach. Same sex divorces are treated the same under the law. Having a mediator that understands that and approaches your case from a perspective of equality and dignity will go a long way in resolving your divorce proceedings to your satisfaction.
Contested v. Uncontested Divorce
Contested Divorce: The more complex of the two. In a contested divorce, sometimes called a litigated divorce, the two spouses are engaged in a lawsuit in which they are subject to disclosure of their finances, taxes and debts, mediation, depositions and ultimately a trial. A judge will ultimately decide the issues of child custody, child support and property division, if the parties do not reach a resolution.
An uncontested divorce is when the parties are in agreement on all the major issues: child custody, child support and property division. This is obviously much easier and cheaper to attain. It is simply a matter of working with the clients to ensure that they are legally protected in the future and that the plan submitted works best for their children and themselves.
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!
For a free consultation, please fill out our "Start Evaluation" form or give us a call!