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Napa County LGBT Family Lawyer
Representing LGBT Californians in Divorce and Family Law Matters
Are you facing the end of a LGBT marriage or domestic partnership? Hire a firm that understands the unique legal and financial complexities involved in modern divorce to help guide you through the process and ensure you come away with a fair outcome.
Kaspar & Lugay, LLP, is a Bay Area family law firm with a history of delivering those outcomes for our clients. We can help you address the following concerns:
- Property division
- Spousal support
- Child custody and support
Call 415-789-5881 or contact us online today to discuss your options in a confidential initial consultation.
Is there a difference between LGBT divorce and traditional divorce?
The divorce process for heterosexual and LGBT couples is the same: one or both spouses can initiate a contested or uncontested divorce. In an uncontested divorce, both parties would need to cooperate, coming to a mutual agreement that is satisfactory to both for all outstanding issues.
In a contested divorce, these decisions can be negotiated, but if no agreement is found at settlement, the court will issue a binding judgement. Kaspar & Lugay, LLP, is well-versed in both contested and uncontested divorce proceedings.
Protecting the Rights of Gay & Lesbian Parents
In the state of California, same-sex couples can register their domestic partnership or get married, acquiring the same legal protections within the state that were formerly reserved for heterosexual couples. California courts recognize that both of a child?s parents can be women or both can be men. If gay or lesbian partners have cooperated in conceiving and raising a child, then both have the rights and responsibilities of parents.
If you need help resolving a same-sex issue involving your children, we at Kaspar & Lugay, LLP are here for you. Our firm assists same-sex couples in protecting their relationships with their children. Children of a domestic partnership have full rights to insurance coverage and inheritance in California. Our attorneys will help you draft a will designating a guardian in the event of your death and an estate plan to see your property is preserved for your children.
If you are legally separated or facing dissolution of your partnership, our firm can help you work out a parenting plan and a fair child support order that will protect your relationship with your child. Make sure your children have the protection they need.
Divorce Is Difficult. We Are Here to Help.
Whether you are straight, gay, lesbian, bisexual or transgender, filing for divorce is never easy. Fortunately, our California divorce lawyers are here to help you throughout this difficult time. We have been representing LGBT clients for more than three decades, so you can trust that we are well-equipped to handle all aspects of your divorce or family law issue. When you are ready to talk seriously about your options, call us at 415-789-5881 or contact us online.
California Domestic Partnership Agreement Lawyers
California recognizes a gay or lesbian couple?s right to legally establish a family with a domestic partnership. The preparation of a domestic partnership agreement or a premarital agreement can be a valuable part of the process of establishing a family. The agreement outlines the way in which community property, separate property, and mutual support will be awarded in the event of dissolution of the partnership or death of one party.
California Family Code 297 states that domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. Filing a Declaration of Domestic Partnership with the California Secretary of State will give partners almost all of the rights of married couples under California law.
There is a wrinkle, however, in that this type of union is not recognized under federal law, meaning it is critical that you consult with a family law attorney from Kaspar & Lugay, LLP, before you proceed with a draft.
Call 415-789-5881 or contact us online to schedule a consultation about drafting a domestic partnership agreement.
The most common reasons for domestic partnership agreements include the following:
- To maintain a clear definition of separate property, assets, and debt of each partner
- To preserve one partner?s assets for his or her children
Be Sure Your Domestic Partnership Agreement Is Drafted by a Qualified Lawyer
As with any other contract, the success or failure of a domestic partnership agreement lies in the details. Do-it-yourself pre-partnership agreements often provide a false sense of security to the partners. It is extremely important that you work with a domestic partnership agreement attorney with the appropriate experience when preparing your agreement.
It is not unusual for the court to determine that a domestic partnership agreement is invalid. When deciding whether to enforce an agreement, the court will consider the following:
- It must be fair.
- Both signers must have understood fully what they were signing.
- The proper disclosures must be included.
- There can be no evidence of fraud or coercion.
Pre-Domestic Partnership Registration Agreement
Cohabiting couples often seek to establish domestic partnership registration agreements as a legal means of protecting their rights. In the words of the California county code, domestic partnerships indicate ?mutual interdependence and an abiding concern for each other?s well-being.? The pre-domestic partnership registration agreement functions similarly to a prenuptial agreement in that it formalizes the expectations and desires of the parties prior to the actual domestic partnership agreement.
Domestic partners generally share a common household and share financial responsibility for their joint household expenses. They frequently own property together and often authorize each other to act on each other?s behalf in emergency circumstances. As experienced family law attorneys, we at Kaspar & Lugay, LLP are knowledgeable in this area of law. We advise couples to clarify their commitments to each other with regard to:
- Real estate
- Other property
- Mutual financial responsibilities
- Care of children
Drafting a Clear, Customized Agreement that Stands Up in Court
Once couples enter into a domestic partnership and register that partnership with the state of California, there will be hoops to jump through in the event of a partnership dissolution. By designing and formalizing a pre-domestic partnership registration agreement, couples can be crystal clear about mutual expectations and responsibilities.
We can help you craft a pre-domestic partnership registration agreement that reflects you and your partner?s intentions and expectations. Although you may not anticipate an eventual separation at this time, in case of a partnership dissolution, you will want to have enforceable contracts that are clear in laying out your desires.
Same-Sex Domestic Partnership Agreement Lawyers
At Kaspar & Lugay, LLP, our lawyers have been helping gay and lesbian couples establish strong families since domestic partnership registration first became available in California. We have been serving non-traditional families in North Bay courts for years, so call 415-789-5881 or contact us online to schedule a consultation.
California Domestic Partnership Dissolution Lawyers
If you have established a legal California domestic partnership for your gay or lesbian relationship, you must file a Termination of Domestic Partnership form if your relationship is ending. You and your partner may also need to go through a process of dissolution of partnership.
The attorneys at Kaspar & Lugay, LLP, are well-versed in the complexities of California domestic partnership law, and possess the experience and the commitment required to protect you and your family during this process.
Please call 415-789-5881 today or contact us online to schedule a consultation about your domestic dissolution case.
Domestic partnership dissolution requirements
Your partnership dissolution requires an agreement or court order that covers all elements traditionally associated with divorce, such as the following:
- Division of community property, assets, and debt
- Duties of mutual financial support
- Child custody and visitation
- Child support
Same-sex couples and child custody
In California, a same-sex couple registered as domestic partners and the couple?s children are provided with the same rights and responsibilities of a traditional / heterosexual family. Our experienced, effective legal team will provide the sound legal advice and representation that you need in order to achieve your desired outcomes: maintain your relationship with your child and leave your domestic partnership with the property and support to which you are entitled after your separation.
Estate planning impacts of domestic partnership termination
In addition to property, custody and support, it is important to re-evaluate your estate plan in connection with dissolution of your partnership. Your will, medical power of attorney, life insurance policies, and any trusts are will need to be revised to reflect your new goals for you and your children.
The North Bay family lawyers at Kaspar & Lugay, LLP, are ready to discuss all aspects of your termination of partnership and help you plan for a secure future for yourself and your children. Call 415-789-5881 or contact us online today to schedule a consultation.