Even though divorce is getting more and more common these days, the issues surrounding divorce are as complicated as ever. This is especially true if you have any special circumstances surrounding your marriage or your divorce, such as immigration issues, military service, domestic abuse, or a same sex partnership. As an experienced divorce attorney Ontario CA, Torrence L Howell can assist with all of these special divorce circumstances.
Immigration Issues
If you or your spouse have recently immigrated to the United States and been granted conditional residency based on your marriage, you should definitely consult a divorce attorney Ontario CA before taking any steps to dissolve your marriage. Getting a divorce could result in the conditional residency being revoked. If you have been married for more than two years, the immigrant spouse is eligible to petition for permanent residency. Once this is achieved the divorce can normally go forward without any effect on immigration or naturalization status.
Military Service
If your spouse is currently serving in the military, you may not be able to divorce them immediately. The Service Members Civil Relief Act protects active duty military personnel from having judgments entered against them in civil courts while they are overseas and for 60 days afterwards. In the case of a divorce, the difficulties are compounded because the active duty military spouse must be served with papers by military authorities in order for the California state court to have jurisdiction.
Domestic Abuse
In cases where domestic abuse is involved, you will definitely need an attorney. It is not wise to attempt to handle the proceedings on your own, because you need the protection of a restraining order. An attorney can help you get this legal protection as quickly as possible, to prevent retaliation from the abusive spouse during the divorce process.
Same Sex Partnerships and Marriages
Divorces or dissolutions involving same sex couples can be extremely complicated, in part because of the many discrepancies between state and federal laws, especially tax laws. Unless you fall into the relatively small group of couples who are still eligible to end domestic partnerships with a simple form instead of a court proceeding, you will almost certainly want to secure the advice of a skilled divorce attorney Ontario CA to help you sort through all the complicated issues surrounding your communal property, your taxes, your federal benefits, and your custody rights.
