Are you looking for an LGBTQ divorce lawyer in Mountain View, CA?
At Schank Family Law, we are trusted LGBTQ divorce lawyers serving clients across Mountain View and the surrounding area.
If you and your partner are registered domestic partners in Mountain View but never married, federal tax law does not treat you as married, even though California law treats your partnership as equivalent to a marriage. That difference can affect how income, property transfers, and filing status are handled when the relationship ends. Our Mountain View, CA LGBTQ divorce lawyer handles marriage dissolutions, domestic partnership dissolutions, and the parentage, support, and property issues tied to them. Schank Family Law has represented same-sex spouses and partners since 2013. Contact our office to schedule a review.
LGBTQ Divorce Lawyer Mountain View, CA
Is an LGBTQ divorce heard in a different court? No. LGBTQ divorces and domestic partnership dissolutions from Mountain View are filed in the same Superior Court as every other family law case. A lawyer handling an LGBTQ divorce addresses the dissolution itself along with issues specific to LGBTQ relationships, including how federal agencies treat a registered partnership, how parentage was established for children born through assisted reproduction, and whether a marriage performed elsewhere can be dissolved here.
About 42.9% of Mountain View residents were born outside the United States, according to the City of Mountain View. Couples who married or registered abroad, or who hold property and accounts in more than one country, may need to address jurisdiction and foreign assets as part of the dissolution. A Mountain View LGBTQ divorce lawyer reviews where and how the relationship was formalized before anything is filed.
Types of LGBTQ Divorce Cases We Handle in Mountain View
Our LGBTQ family law work in Mountain View covers the following matters, and many cases involve more than one.
- Divorce. Same-sex spouses married in California or elsewhere dissolve their marriage through the standard petition process. We handle each stage, from filing and disclosures to the final judgment.
- Domestic partnership dissolution. Registered partnerships are generally ended through the Superior Court, using the same process as a divorce. A narrow group of short partnerships without children or significant assets may qualify for a simplified termination instead.
- Federal and state tax differences. Registered partners must follow California’s community property rules when reporting income, yet they file as unmarried on federal returns. We coordinate with each client’s tax professional so the settlement accounts for both systems.
- Property division. Community property is generally counted from the day the couple married or registered. We trace assets acquired before and after that date and classify each one.
- Alimony. Partner and spousal support are available on the same terms, and how long the couple was legally married or registered shapes both amount and duration. We present the earnings and lifestyle evidence the court relies on.
- Child custody. Two legal parents stand on equal footing in custody decisions. We build parenting plans and represent parents in mediation and contested hearings.
- Assisted reproduction and parentage. Children conceived with donor gametes or through a gestational carrier may require a parentage judgment to confirm both parents’ legal status. We review existing declarations and judgments before custody is decided.
- High asset divorce. Equity compensation, businesses, and real estate require valuation in any divorce. We apply the same analysis to LGBTQ estates, with attention to assets that predate the marriage or registration.
- Legal separation. Some spouses and partners prefer to remain legally connected while dividing property and setting support. We handle legal separations under the same rules that govern a dissolution.
- Marriages and partnerships formed elsewhere. Civil unions, partnerships, and marriages entered in other states or countries raise recognition and jurisdiction questions. We confirm where the case can proceed before the petition is filed.
Why Choose Schank Family Law as my LGBTQ Divorce Lawyer in Mountain View, CA?
Accounting for State and Federal Differences
California treats registered domestic partners as spouses, the federal government does not, and married same-sex couples are recognized by both. We identify which set of rules applies to each part of a case. Property transfers, retirement account divisions, and support payments can carry different consequences depending on whether the couple married or only registered with the state. We work with each client’s tax professional so the agreement reflects those differences before anyone signs it. The same review applies to benefits such as employer health coverage and retirement plans, where eligibility can depend on how the relationship is classified.
Christian Schank at a Glance
The firm’s founder, Christian Schank, brings the following background:
- Admitted to practice in California in June 2003
- Law firm management experience beginning in 1998
- Graduate of the University of La Verne College of Law, with undergraduate work at Brigham Young University
- Recognized with Martindale-Hubbell’s AV rating in 2000
- Listed as Lead Counsel Verified for family law beginning in 2015
If you are in need of assistance with an LGBTQ divorce, our family lawyer in Mountain View, CA, has th experience necessary to help.
Understanding LGBTQ Divorce Cases
Grounds, Property Division, and Federal Recognition for LGBTQ Couples in California
State law sets the grounds and the property rules, while federal law decides how some of the financial consequences are treated. The main principles are:
- Either a marriage or a partnership registered with the state ends on the no-fault ground of irreconcilable differences
- Community property generally dates from the marriage or the registration of the partnership, whichever came first
- Under state law, a registered partner stands in the same position as a spouse
- Married same-sex spouses are treated as married for federal tax purposes, while registered partners are not, as the IRS explains in its community property guidance
- Separate property includes assets owned before the legal relationship, along with inheritances and gifts to one partner
What Is The LGBTQ Divorce Case Timeline?
Most LGBTQ dissolutions follow the standard California sequence, with an added review of parentage when children were conceived through assisted reproduction. The overall length depends on how many issues are contested and how quickly both sides complete their disclosures.
- Filing and service. The petition is filed in the Superior Court and served on the other spouse or partner.
- Disclosures. Both parties exchange preliminary declarations covering income, assets, and debts.
- Parentage review. Where children were born through donor conception or a gestational carrier, we confirm that both parents’ legal status is documented.
- Negotiation or trial. Property, support, and custody are resolved by agreement or decided by the court.
- Judgment. The dissolution becomes final no sooner than six months after service.
Answers to common court process questions apply equally to LGBTQ spouses and partners.
What Are Important Aspects of an LGBTQ Divorce Case?
Parentage deserves early attention. A child conceived through assisted reproduction may have two legal parents under California law, but the documentation behind that status varies from family to family. Where a gestational carrier was involved, the California Courts explain the process for obtaining a judgment in their guide to surrogacy parentage. Confirming that status before custody is litigated avoids disputes about who has standing to seek parenting time.
Relationships formed outside California also require review. A civil union from another state, or a marriage performed abroad, may affect when community property began and whether California courts can grant the dissolution. For families with children, the guidance on children at every age addresses how to explain the changes ahead, and many California divorce essentials apply regardless of how the relationship was formed.
What Should You Bring to Your LGBTQ Divorce Consultation?
Documents that show how and when the relationship was formalized are the most important items to bring.
- Your marriage certificate, Declaration of Domestic Partnership, or civil union documents
- Any records of a marriage or partnership entered outside California
- Parentage judgments, declarations of parentage, and assisted reproduction agreements
- Recent state and federal tax returns
- Statements for accounts and property acquired before and during the relationship
At the first meeting, we will identify which state and federal rules apply to your relationship and which issues require the most preparation. If documents from another state or country are missing, we will explain how to obtain certified copies. Answers to other family law questions can be addressed at the same time.
Mountain View Family Court and Local Resources
Mountain View dissolutions go to the county Superior Court, with family law hearings held in downtown San Jose. For state tax questions, the Franchise Tax Board explains the RDP filing status rules that apply to registered partners on California returns. The Mountain View Public Library offers a Legal Information Source database with legal forms and Nolo Press titles through its library research resources, available to residents at no charge. The county court’s own self-help services remain available to anyone without an attorney. Neither agency listed here is connected to Schank Family Law.
Reach Out to Schank Family Law to Schedule a Consultation
Knowing which state and federal rules apply to your relationship is the first step in an LGBTQ divorce. Contact us today for a free case evaluation. An intake specialist will gather the key facts and advise whether an attorney should take the case from there.
