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Posts Tagged ‘san jose top divorce lawyer’

Is There a Difference in Divorce Procedures for Same-Sex Couples in California?

Posted on: January 15th, 2018 by admin

For same-sex couples seeking to end their partnership, there may be some confusion as to whether a same-sex divorce follows the same steps as a different sex divorce. Fortunately, divorce proceedings are the same for same and different sex partnerships. In the case of divorce, the court does not care who you chose to marry and focuses more on how to help both parties separate in a peaceful manner. Furthermore, California is a no-fault state, which means that there is no guilty party to blame in the divorce. As such, couples can divorce due to irreconcilable differences and do not need to provide any more reasons to the court to explain their decision.

If you are in a same-sex partnership and wish to divorce, the court will want to consider any:

  • Custody and visitation
  • Child support
  • Partner support
  • Division of property
  • Responsibility of debts

It will take at least 6 months for same-sex partners to divorce one another. Divorce proceedings can take longer dependent on how quickly both parties reach a compromise regarding custody or division of property. However, while divorce can take longer, it cannot occur before 6 months after starting the case.

California Residency Requirement for Different Sex and Same-Sex Marriages

For married couples to get divorced, same sex or otherwise, couples must meet California’s residency requirements. Either you or your partner must have lived in:

  • California for the last 6 months, AND
  • The county where you plan to file the divorce for the last 3 months.

If you do not meet the residency requirement, you can still file for a legal separation. There is a residency exception, according to the California Courts Judicial Branch of California, regarding residency requirements for same-sex couples. Same-sex married couples who got married in California but live in a state that will not dissolve a same-sex marriage, can file for divorce in California, regardless of these residency requirements. Couples are still required to file in whichever county they were married. Note that as of the 2015 Supreme Court decision legalizing same-sex marriage, there are no longer any states that will not dissolve a same-sex marriage.

If you’re not sure whether you can divorce your same-sex partner or need assistance in reaching a compromise regarding custody, child support, or division of property, reach out to the family law attorneys at Hoover ♦ Krepelka, LLP. We’ve been assisting couples for decades answering any questions regarding divorce for all types of partnerships.

Testimonial by: Amanda N.

Posted on: November 17th, 2016 by admin

“I was referred to Hoover Krepelka by a friend, and I’m glad I chose this firm. Travis is extremely knowledgeable, straightforward, and honest, even if you don’t want to hear it. He’s not going to waste your time, and money, trying out strategies that aren’t going to work. They handled my case well and got me the outcome I wanted in the end. As a team, Travis and Kara did everything right! You can’t go wrong with this team!”

— Amanda N.

Hoover ♦ Krepelka, LLP congratulates Kara Foster on her promotion to Senior Associate Attorney.

Posted on: August 19th, 2016 by admin

The team at Hoover ♦ Krepelka, LLP congratulates Kara Foster on her promotion to Senior Associate Attorney. Kara is an integral part of the firm and successfully manages highly complex family law issues for our clients. Congratulations on a well-deserved promotion, Kara!

Ms. Kara N. Foster attended the University of California, San Diego for her undergraduate education. There she received a B.A. in Psychology and a B.S. in Biochemistry and Cell Biology. Ms. Foster worked her way through her undergraduate career as a laboratory intern for the Lawrence Livermore National Laboratory, Neurocrine Biosciences and Crinetics Pharmaceuticals.

A Northern California native, Ms. Foster returned to the Bay Area for Law School at Santa Clara University School of Law, where she received her Juris Doctor. Originally planning to practice Patent Law, she instead found her calling in Family Law, helping people through difficult life situations. While in law school she worked for the Northern California Innocence Project which helps exonerate wrongfully convicted persons. She also gained valuable experience in the Dependency Court and earned a Pro Bono Award as a Certified Law Clerk for The Law Offices of Allen Korenstein. Ms. Foster joined Hoover ♦ Krepelka, LLP as a law clerk in 2012 and became an associate upon passing the California State Bar. In 2016, she was promoted to senior associate.

In her free time Ms. Foster enjoys reading and baking as well as sky diving, snowboarding and cheering on local Bay Area sports teams.

James J. Hoover: Top Three Rated Divorce Lawyer

Posted on: April 10th, 2016 by admin

James J. Hoover, Esq.,  Partner and Certified Family Law Specialist at Hoover Krepelka, LLP, has been named one of San Jose’s “Three Best Rated” divorce lawyers:

Click the image below to view the entire article. 

James J. Hoover: Top 3 Divorce Lawyers

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