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Same-sex family law still presents many pitfalls

While the legal wheels are slowly turning to create equality for lesbian, gay, bisexual and transgender individuals, many challenges are still faced by these individuals. In addition to struggles related to their professions and the lack of acceptance on many levels, same-sex family law still presents many pitfalls. While California and some other states recognize same-sex marriages, others don't, and when it comes to the right to divorce, it could become very complicated.

While same-sex couples in California face similar issues to heterosexual couples related to marriage and divorce, there are exceptions. When same-sex couples divorce, property division, spousal support and child custody laws are the same as for heterosexual couples. However, unanticipated stumbling blocks often arise in many areas where the language of the law has not been changed to accommodate the unique circumstances of same-sex couples.

Determining community property during the property division process of the divorce of a couple that accumulated mutual assets for years before they were allowed to get legally married may be complicated. Tax issues and retirement benefits may also present unique problems for same-sex couples in a divorce. To further complicate matters, child custody and child support rulings may depend on whether second-parent adoption took place or not.

Same-sex couples in California may benefit from retaining the services of an experienced attorney who focuses on same-sex family law. Victoria S. Linder will support them from the time prior to marriage when marital agreements are signed. She will also provide guidance during the marriage with the legalities of starting families through adoptions, surrogates or other methods. In the unfortunate event of a divorce, she will be knowledgeable about the couple's unique dynamics and be able to provide personalized advice regarding their legal rights and the available options.

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Minutes From Downtown Sacramento

Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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