Same Sex Family Law

Caring Counsel For All Family Law Concerns

As an experienced family lawyer, Attorney Stratte has handled countless complex issues in mediation, pretrial negotiation and in litigation. Her approach involves sitting down with you in person to meet you wherever you are in your life. She frequently works with LGBTQ+ clients to address:

• Domestic partnerships: Exploring your options and rights when entering into a domestic partnership in California and the arguments to extend the community in an LGBTQ+ partnership
• Divorce and separation: Assisting you through property division, spousal maintenance and other divorce-related issues
• Adoption: Helping you adopt your partner’s child or helping you and your partner adopt a child together
• Child custody: Ensuring that the court honors your rights as a parent in a custody or visitation dispute

The Stratte Firm does more than just offer you legal advice. We guide you through every step, empowering you to make the decisions that are right for you as an ally in your case.

In California, there is no common-law marriage. In some cases, the LGBTQ+ couple may not have been married long at the time of the divorce, but they may have been together for much longer than the marriage itself. Whether they were registered as a domestic partnership will make a difference. In such cases, the couple will have similar rights and obligations as those married for the same length of time.

For example, in California, if the couple were married four years ago, spousal support—in most cases—would only be for approximately two years or less in some situations. However, if they were registered as domestic partners for 20 years and then had a four-year marriage, spousal support could be until either party’s death or the recipient spouse’s remarriage. This is why it is essential to choose the right Ally in the Stratte Firm for your dissolution.

The Unique Challenges Around Parental Rights

Dealing with parental rights is difficult regardless of the orientation of the couple involved. When we advise clients, the focus should be on the best interests of their children. Divorce is typically the most challenging for the children.

Nuanced complications can arise depending on how the children came into the family. Was it by adoption, surrogacy, or assisted reproductive technology? For LGBTQ+ couples, it is essential that everything is done legally and correctly and that both parents are included in legally binding contracts. In the case of surrogacy or assisted reproductive technology (also known as IVF), mainly when sperm or eggs are donated from someone outside the relationship, it is critically important that the sperm or egg donor has no rights or obligations. Otherwise, things can get murky in a legal sense.

The bottom line is that couples need to secure an excellent lawyer to protect their interests and those of their children. Putting the children first should always be the priority. The Stratte Firm is the Ally you need to ensure the best interest of your children are put first.

Additional Considerations

In the LGBTQ+ community, there can be a circumstance of open or polyamorous relationships. While emotionally complex, a polyamorous relationship does not cause “fault” in California divorce. Because California is a no-fault state regarding divorce, it does not matter who sleeps with whom. The only issue is if one person spends community dollars on another person outside the marriage. A relevant factor would be if it were an open or polyamorous marriage and what the understanding of that meant financially and otherwise. Ideally, a couple would document these nuances with their lawyer. Without pre- or post-nuptial agreements addressing such relationship guidelines, spending outside the marriage on another relationship can become a problem during divorce proceedings. An Ally such as The Stratte Firm makes all the difference in these negotiations. Contact us at the Stratte Firm today to get started.

The identity of your lawyer should not have a bearing on the outcome of your case. The most important criterion is the attorney’s skill and if you can relate to them. The Stratte Firm has the necessary experience to assist clients of all backgrounds in identity whether ethnic, cultural, gender, or sexual identity. Our commitment and level of advocacy are always going to be the same. The dedication to outcome for our clients is the factor you need to choose The Stratte Firm for your dissolution matter.

Concerns over the Future Loom Large

In the past, same-sex couples who married in other states faced the risk that their marriages would not be recognized in another state. The U.S. Supreme Court’s landmark Obergefell v. Hodges decision in 2015 required that all states, including California, recognize same-sex marriages performed in other jurisdictions. For those married in California, we are fortunate that LGBTQ+ rights have long been progressive. On the other hand, recent rumbling from the U.S. Supreme Court suggests those protections may be in jeopardy. We will ensure that the laws of the State of California are followed in your family law case. Contact us today to get started with The Stratte Firm.