LGBT Divorce Family Matters. When It Really Matters.

Carlsbad LGBT Divorce Attorneys

Skilled Representation for Same-Sex Divorces in North San Diego County

While same-sex marriage has been federally recognized since 2015, LGBT individuals still face many challenges when it comes to divorce. From property division to child custody, having an attorney who is well-versed in the specific laws affecting same-sex couples is crucial for achieving a favorable outcome.

At Burke & Domercq, we understand that members of the LGBT community often face unique hardships compared to cisgender couples while navigating a divorce. Our experienced LGBT attorneys are dedicated to helping you navigate the legal intricacies of your divorce by providing the compassionate counsel you deserve.

If you’re filing for an LGBT divorce in Carlsbad, choose a firm with decades of experience and a proven track record of results. Our award-winning advocates exclusively focus on family law and have a proven track record of results in in North San Diego County. From your initial consultation to the final outcome, you can trust us to safeguard your future.

Preparing for a same-sex divorce in Carlsbad? Our LGBT lawyers can provide the sound counsel you deserve. Contact us online to request a consultation.

What Is an LGBT Divorce?

An LGBT divorce or same-sex divorce refers to a marriage dissolution between individuals of the same gender. It follows the same legal process as a heterosexual divorce, including the division of property, spousal support, and custody arrangements.

Do LGBT Divorces Follow the Same Legal Framework as Traditional Divorces?

Yes, LGBT divorces follow the same legal structure as traditional divorces. In 2015, the landmark case Obergefell v. Hodges ruled that LGBT couples have equal access to the divorce process under federal law, including the right to equal treatment regardless of sexual orientation. However, same-sex marriages have been legally recognized in California since 2013.

Unique Challenges of LGBT Divorces

While LGBT couples undergo the same divorce process as cisgender couples, members of the queer community often face unique hardships during divorce. Some common challenges include:

Lack of Legal Precedent

Prior to 2013, same-sex couples had limited options to legalize relationships. The lack of established norms around LGBT divorces can make it difficult to determine when the partnership began, opening the door to uncertainty and ambiguity during property division, spousal support, child custody, and other key determinations.

Societal Biases

While same-sex couples have been entitled to the same rights as cisgender couples for a decade, court officials and other legal professionals may be prone to bias. Consulting an attorney with experience in same-sex marriage dissolutions is critical to safeguard your rights and hold officials accountable for discriminatory behavior.

Property Division

Property division can be complex in an LGBT divorce, depending on when the marriage took place. This can make it difficult to determine what constitutes “marital property” under the community property rule. Securing experienced representation is essential to protect your hard-earned assets and financial security.

Adoption & Child Custody

LGBT couples often face obstacles during child custody arrangements, especially if either spouse is a non-biological parent or the parents aren’t listed on the child’s birth certificate. Adoption laws can also complicate child custody arrangements for same-sex spouses. Consulting an LGBT divorce lawyer is paramount to establishing legal parenthood and protecting your child’s best interests.

Am I Eligible for an LGBT Divorce?

California is a no-fault divorce state, meaning that spouses aren't required to prove fault or wrongdoing to file for divorce. Most often, same-sex couples file for divorce on the grounds of “irreconcilable differences.” This means there was an irretrievable breakdown in the marriage that cannot be remedied. To be eligible for a divorce, at least one spouse must have lived in the state for a minimum of six months and in San Diego County for a minimum of three months (Cal. Fam. Code § 2320).

How Is Property Divided in an LGBT Divorce?

California is a community property state, meaning that assets acquired during the marriage are subject to equal division in a divorce. In an LGBT divorce, this includes assets acquired before the marriage was legally recognized, as well as those obtained during the marriage.

As you can imagine, this can make property division more complicated during LGBT divorces, especially for couples who started relationships before California legalized same-sex marriage in 2013. Consulting a skilled LGBT divorce lawyer is imperative to protect your financial security and future.

Why Choose Burke & Domercq?

Board-Certified Family Law Specialists

Our firm includes board-certified family law specialists who are recognized by the American Academy of Matrimonial Lawyers (AAML), giving you peace of mind that your case is in trusted hands.

Exclusive Focus on Family Law

We understand the sensitive and emotional nature of divorce and other family law matters. With over two decades of experience and an exclusive focus on family law, you can trust us to give your case the time and personalized attention it deserves.

Litigation Experience

As highly skilled litigators, our attorneys never hesitate to take cases to trial if necessary to achieve a fair outcome. Our goal is to help you navigate your divorce or separation as efficiently as possible while protecting your rights at every step.

If you’re preparing for an LGBT divorce in Carlsbad, put decades of experience on your side with Burke & Domercq. Call (760) 766-2284 to schedule a consultation.

Continue Reading Read Less

Reach Out Today

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Burke & Domercq at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Our Testimonials

Serving clients in Encinitas, Rancho Santa Fe, Oceanside and Vista and throughout North County San Diego.

"Pierre is, without a doubt, the only attorney in Southern California I trust with any family law matter."
Pierre and his staff, are without a doubt, the most effective and experienced law firm around. Pierre is known for attaining the clients desired results, and then some.

- Ryan H.
"Pierre Domercq is an outstanding communicator."
I mostly just wanted an outside 3rd party like Pierre to assure me that I was on the right track and he gave me that assurance. Thank you Pierre.

- Paul H.
"They handled my case with a high degree of honest professionalism and attention to detail with as good of a result as could be expected in my case."
Pierre has thorough knowledge of the law and he championed my case with determination and wisdom. He and his team treated me with kindness and saw me through one of the most difficult times in my life.

- Lisa G.
"I highly recommend Pierre Domercq. He has helped me twice with legal guidance. He is extremely personable, intelligent and dedicated to his clients."
He has twice been able to steer me in a direction to avoid litigation. Not often you find and attorney with such ethics. Hopefully we never need his assistance again but if ever do, I know exactly where I would go.

- Juan V.
"I have been a client for 5 years and have full trust in the advice that Pierre provides me and he has never steered me wrong."
Pierre is intelligent, quick, and always one step ahead! His staff are dedicated to the cases they are working on and always make me feel like I am a priority.

- Melissa
"Pierre and his team are impeccably professional. He helped increase the time with my kids and am forever grateful."
His guidance is sound on all levels and although at times I did not like to hear the message, he was correct and based in logic and reality in difficult situations. He had phenomenal rapport with the family court system judges.

- Jeremy R.
"(Rebecca) was there to answer and assured me of the process."
Pierre is a wonderful attorney and has an amazing staff that supports him! He helped me in my divorce and got me more than I could have asked for. He made sure I wasn’t taken advantage of and made me feel so comfortable through out the process.

- J. B.
"His skill as an attorney was impressive. Highly recommend."
Pierre Domercq is an exceptional and skilled attorney. He provided sound counsel in my matter, and helped me to achieve my goals and a positive outcome.

- Anjai P.

Meet Our Attorneys

Work With One Of The Most Skilled Family Law Firms In California

Learn More ABout Our Team

Family Matters.
When It Really Matters.

Give Us a Call

Contact Our Firm

We’re Ready to Help

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Burke & Domercq at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy