Are you looking for an LGBTQ divorce lawyer in Orange County, CA?
At Schank Family Law, we provide trusted LGBTQ divorce counsel for families throughout Orange County.
If you are dissolving a same-sex marriage or a registered domestic partnership in Orange County, you will find that most of it proceeds like any California divorce, governed by the same statutes and the same court. Where it can diverge is in a small set of issues that surface more frequently for LGBTQ couples, chiefly the true length of the relationship and questions of parentage. Our Orange County, CA LGBTQ divorce lawyer has represented same-sex spouses since the state first recognized their marriages. Contact our office to talk your situation through.
LGBTQ Divorce Lawyer Orange County, CA
For the most part, representing a spouse in a same-sex divorce or the dissolution of a registered domestic partnership looks like representing anyone else. The same California law governs the property division, the support, and the custody arrangements, and an LGBTQ divorce lawyer works through them the same way. What sets this work apart is a narrow band of situations in which a couple’s history complicates those ordinary questions, and an LGBTQ divorce attorney in Orange County watches those situations closely so that none of them slips by.
Our firm has taken on same-sex divorces since the state first extended recognition to these marriages, and that background counts most in the spots where the statute and a couple’s actual history fail to align cleanly. It also requires candor with clients about which questions a court is likely to view as routine, and which ones will demand a more thoroughly developed record before a judge will move on them.
Types of LGBTQ Divorce Cases We Handle in Orange County
At their core, LGBTQ divorces involve the same set of issues as any other, though a handful of them arise more often here and warrant closer attention. We take on the following throughout the county.
- Same-sex divorce. Bringing a marriage to an end follows California’s ordinary procedure, and we see it through from the initial filing to the final judgment. That holds whether the parting is cooperative or hotly contested, and whether or not there are children whose custody has to be arranged along the way.
- Domestic partnership dissolution. A registered partnership is unwound through a comparable process, which we also handle, including partnerships that began before the couple married and therefore carry their own, earlier legal start date.
- Property division. Couples who shared a life for years before the law let them marry frequently have property that resists easy sorting, and we draw the line between what belongs to one spouse and what belongs to both.
- Spousal support. Because the length of a relationship can move support, we press to count the years that ought to count rather than only those after the ceremony, a distinction that can shift both the amount and how long it runs.
- Parentage. Where only one spouse is a child’s legal parent, we work to secure the other parent’s rights, so that custody and visitation rest on a firm legal footing instead of an assumption someone could challenge years down the line.
- Child custody. A parent’s orientation has no bearing on custody, which turns on the best interest of the child, and we hold the court to that standard from the parenting plan onward through any later disagreement.
- Mediation. Many same-sex couples would rather resolve matters in private, and mediation can settle property, support, and custody without a contested hearing in open court.
Why Choose Schank Family Law as Your LGBTQ Divorce Lawyer in Orange County, CA?
Experience Since Same-Sex Marriage Began
California extended recognition to same-sex marriage well ahead of most of the country, and our firm has represented these couples from that point forward. In practice, that has meant handling the property and parentage issues that follow from a relationship that began long before marriage was available. This is the sort of familiarity that develops from years of doing the work across many different families, not from studying it after the fact. When the outcome of a case hinges on how the law stood a decade or more ago, having that history on your side is an advantage.
A Family Law Firm That Covers Every Angle
Christian Schank opened the firm in 2003, and over the years it has earned its standing across the whole of family law, a record marked by a quality business award. Through our overall work as a family lawyer in Orange County, CA, the custody, property, and support components of your divorce stay with a single office that understands how each one shapes the others.
Understanding LGBTQ Divorce Cases
Where Same-Sex Divorce Can Differ
The bulk of a same-sex divorce proceeds by the book, no differently from any other. A few areas, though, reward a closer look.
- Length of the relationship. Partners who were together for years before marriage became legal may disagree over how long the marriage truly ran for purposes of property and support, and that disagreement can carry significant financial weight.
- Domestic partnerships overlap. Couples who registered as partners before they married may hold a legal start date well before the wedding, which can alter the calculations on both property and support.
- Property from the pre-marriage years. Assets accumulated before the couple was permitted to marry can raise questions about what counts as community and what counts as separate, because the customary marriage-date line does not capture the entire relationship.
- Parentage. If a child was carried and delivered by one spouse, the second spouse may still need to have legal parentage confirmed to lock in custody and visitation, especially in cases where a second-parent adoption was never completed.
What Are Important Aspects of an LGBTQ Divorce Case?
Several points tend to carry outsized weight in these matters.
- Parentage is better confronted directly than taken for granted, above all where only one parent is listed on a birth certificate and no adoption followed.
- Documenting the real arc of the relationship can weigh as heavily as the marriage date itself, so early leases, joint accounts, and similar records help tell the story and support your position.
- The division of community property runs on California’s standard framework, but that framework gets measured against the couple’s entire shared history and not the wedding date on its own.
- A sound grasp of California divorce laws helps calibrate expectations, since the framework is identical for everyone and the result comes down to the facts you can document.
What Is the LGBTQ Divorce Case Timeline?
The timeline of an LGBTQ divorce mirrors that of any other California case, and where a parentage dispute exists, it is resolved somewhere along the way.
- One spouse files the petition, and the other is served and files a response.
- The spouses trade financial disclosures covering income, property, and debts.
- Custody, support, and property are settled by agreement or, where that fails, decided at trial.
- Any parentage question is resolved so that the custody orders can be enforced against both parents.
- California’s six-month waiting period runs before the divorce becomes final.
What Should You Bring to Your LGBTQ Divorce Consultation?
The clearer the picture of your history, the sounder our advice can be, and it helps to prepare financially ahead of filing. Bring what you can from the following.
- Details about your children and who is legally recognized as a parent.
- The key dates: your relationship, any domestic partnership, and your marriage.
- A list of assets and debts, with a note on what predates the marriage.
- Any court orders or written agreements already in place.
From there, we can point out the issues that will need attention and sketch a plan for your case, including whether a parentage step ought to come first and what evidence to begin collecting.
What Are Important California Legal Resources for LGBTQ Divorce Cases?
California draws no distinction between same-sex and opposite-sex divorce, so the Orange County and statewide resources below apply equally to either. Each is free, and each is a useful place to start understanding the process before you file.
- Countywide, these cases are heard by the Orange County family law division.
- The court’s family law self-help center supplies forms and procedural guidance.
- The state’s guide to the divorce process sets out the steps common to every California divorce.
- The overview of property and debts describes how community and separate property are divided.
- The guide to parentage cases covers how a legal parent’s rights are established.
- The court’s guide to ending a marriage walks through the local process.
Reach Out to Schank Family Law to Schedule a Consultation
Whether your same-sex divorce is uncomplicated or hard-fought, we can help you work through it and protect what matters most to you. Contact us to schedule a free case evaluation, and we will go through your situation and give you a candid account of where things stand.
