If you are going through a San Bernardino same-sex divorce, the legal process involves issues that most family law cases never touch. California is one of the most progressive states for marriage equality, but that does not make the dissolution any less complex.
With more than 20 years of California family law experience, Schank Family Law represents LGBTQ+ families in property division, support disputes, custody arrangements, and every stage of the dissolution process. Your San Bernardino, CA same-sex divorce lawyer will work with you directly to protect your rights, your children, and your financial interests. Call us for a free case evaluation.
Several of our attorneys live and work in San Bernardino County. Founding Attorney Christian Schank has been a member of the California State Bar since 2003 and has been involved in law firm management since 1998. He carries a Martindale-Hubbell AV Preeminent rating, which is the highest peer-review designation a lawyer can receive for professional excellence and ethical standards. He’s also Lead Counsel verified in family law.
Christian handles San Bernardino same-sex divorce matters personally. As a family lawyer in San Bernardino, CA, he understands the legal issues specific to LGBTQ+ couples in this county and has represented clients in both uncontested dissolutions and highly contested cases involving significant assets.
California same-sex divorce follows the same statutory rules as any other dissolution, but the practical application differs significantly. Many same-sex couples were together for years before they could legally marry. Some registered domestic partnerships, and some did not. That history affects everything, from when the community estate started to how the court calculates spousal support.
Parentage raises additional issues. If one spouse is a biological parent and the other became a legal parent through adoption or a voluntary declaration, both have full parental rights. But structuring custody and support arrangements in that context requires close attention to the facts, and our firm has handled each of these parentage scenarios in San Bernardino County courts.
Our attorneys have secured substantial temporary support awards for clients in high-asset dissolutions, including cases involving professional athletes and business owners earning seven figures annually.
We answer calls, we return emails, and we keep clients informed at every stage. We offer free case evaluations for San Bernardino same-sex divorce matters and cases across California, and we are upfront about what your case involves from the initial consultation forward.
⭐⭐⭐⭐⭐ “From the moment of my first inquiry call to the positive outcome of my case, the team from Law Offices of Christian Schank and Associates was completely supportive of our situation and needs. Our team was personable, professional and extremely knowledgeable in family law. There was never a time where I felt that my case wasn’t a priority.” – Glenn Artoilles
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San Bernardino same-sex dissolution cases range from fully uncontested to highly disputed. Some couples pursue legal separation rather than full dissolution, while others face contested custody, significant assets, and disputed support.
California has treated same-sex marriages the same as opposite-sex marriages since the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges. Within California, this recognition predates the federal ruling. The state started issuing marriage licenses to same-sex couples again in June 2013, right after the Supreme Court declined to uphold Proposition 8.
At least one spouse must have lived in California for six months and in San Bernardino County for three months before filing a petition for dissolution. That is the residency requirement under Family Code Section 2320.
There is one notable exception: if you are a same-sex couple who married in California but now live in a state that will not dissolve your marriage, you can still file in the California county where the ceremony took place. If you registered a domestic partnership in California, you can dissolve it through the courts as well. Family Code Section 297.5 gives registered domestic partners the same rights and obligations as married spouses. Community property protections, mutual debt responsibility, and the right to seek support after dissolution all apply equally.
The California Secretary of State maintains a domestic partner registry with information about the dissolution process. The San Bernardino Superior Court handles all divorce filings locally. The California Courts system also offers self-help resources for families working through custody and parentage issues during a divorce.
This issue creates significant complications in San Bernardino same-sex divorce cases. Many same-sex couples lived together for years, sometimes decades, before California allowed them to legally marry. Some registered as domestic partners along the way and some did not, and that distinction directly affects how property is divided.
If you registered a domestic partnership before your marriage, community property rules generally reach back to the registration date. If you did not register, the community estate typically starts on the date of marriage. That gap can mean years of shared financial contributions that go unrecognized unless you address them through other legal arguments. Disputes over who gets the house or other major assets often hinge on this question.
In most cases, both parents in a same-sex marriage have equal custody rights. But parentage has to be properly established first. A spouse who adopted a child during the marriage, who was listed on the birth certificate, or who signed a voluntary declaration of parentage holds the same legal standing as a biological parent, and courts treat that status as absolute.
If parentage was never formally established, a divorcing spouse in that situation needs to take legal steps to secure parental rights during or even before the dissolution process. California also recognizes the possibility of three or more legal parents under Family Code Section 7612. It is rare, but for certain LGBTQ+ families, it is directly relevant.
Some same-sex couples in San Bernardino are both married and registered domestic partners. If that describes your situation, California allows you to dissolve both relationships in a single court proceeding. If you only dissolve the marriage and leave the domestic partnership intact, that can create legal complications that are expensive to resolve later.
Courts consider the length of your marriage when determining spousal support. For same-sex couples, this analysis is often disputed. A couple married in 2020 but partnered since 2005 faces a central question: whether the support calculation should reflect 5 years of marriage or 15 years of partnership. There is a legitimate argument for the latter, and we make it when the facts support it. California treats any marriage lasting 10 years or more as a “long duration” marriage. That designation changes how long support continues.
Even if you and your spouse agree on everything, California requires a six-month waiting period from the date the respondent is served. Every dissolution is subject to this requirement. The court can issue temporary orders for custody, support, and property use during the waiting period, and in many cases, mediation or negotiation during this window saves both time and money once the San Bernardino same-sex divorce is ready to finalize.
If you are considering a San Bernardino, CA same-sex divorce, Schank Family Law offers free case evaluations. Our attorneys will walk you through the legal issues specific to your situation, including the expected timeline, costs, and strategy. During your evaluation, we will assess the complexity of your dissolution and outline the next steps. We are available to take calls and respond to inquiries during business hours. Reach out today to schedule a consultation with a San Bernardino same-sex divorce attorney.
Attorney Christian L. Schank founded Schank Family Law in 2003. With eight offices and a Certified Family Law Specialist on staff, the firm handles divorce, custody, support, and property matters in courts across the state.
Last Updated: September 23, 2026 
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