San Bernardino LGBTQ Divorce Lawyer

Are you looking for an LGBTQ divorce lawyer in San Bernardino, CA?

At Schank Family Law, we are an LGBTQ divorce firm with recognition from Quality Business Awards and more than 20 years serving the San Bernardino community.

If you and your spouse are raising a child in San Bernardino and only one of you is the biological parent, the documents that confirm the other parent’s legal status will shape every custody decision in your divorce. Those records should be reviewed before either spouse files.

Schank Family Law has represented same-sex couples since 2013 and serves the Inland Empire through an office in San Bernardino. Our San Bernardino, CA LGBTQ divorce lawyer represents either spouse or registered partner, including the parent who did not give birth. Request a free case evaluation to begin.

LGBTQ Divorce Lawyer San Bernardino, CA

An LGBTQ divorce lawyer represents spouses and registered domestic partners in same-sex relationships when the relationship ends in court. California applies identical divorce, custody, and support rules to same-sex and opposite-sex couples, but the facts in these cases often differ. Children may have been conceived with a donor or carried by one spouse, couples may have registered as partners years before they married, and some lived together long before either option existed. Each of those facts affects parentage, property, and support.

The median household income in San Bernardino was $67,415 during 2020 through 2024, according to Census QuickFacts. Child and spousal support follow statewide formulas and factors, so accurate income records for both spouses are central to a fair result.

Types of LGBTQ Divorce Cases We Handle in San Bernardino

An LGBTQ divorce attorney from our firm can represent clients in the following San Bernardino matters involving same-sex spouses, registered partners, and their children.

• Divorce. We handle contested and uncontested cases, beginning with the date of marriage, the date of any earlier partnership registration, and the date of separation. Those three dates frame the rest of the case.
• Ending a registered domestic partnership. Court dissolution is required unless the partners meet strict eligibility rules for a simpler filing with the state. We advise on which path applies and handle the court case when it is needed.
• Child custody. A parent who is not genetically related to the child can still hold full parental rights. We confirm that status with marriage records, parentage declarations, or court judgments and then build a parenting plan.
• Child visitation. Parenting time is set by the children’s needs and each parent’s role in their lives. We negotiate schedules for school weeks, holidays, and summers.
• Child support. Once both spouses are confirmed as legal parents, support follows the statewide guideline. We verify income and timeshare figures before any support order is entered.
• Spousal support. When a registered partnership came before the marriage, that earlier period can count toward the relationship’s length. We present the full history so support reflects it.
• Community property and the family home. Homes bought together before a marriage or registration raise questions about ownership and reimbursement. We trace down payments and mortgage payments to establish each spouse’s share.
• Pension division. Retirement benefits earned during the marriage or registered partnership are generally community property. We negotiate how those benefits are divided and work with a separate QDRO attorney when a plan requires its own order.
• Restraining orders. Domestic violence protection is available to same-sex spouses and partners on the same terms as any other couple, and we represent either side.

Why Choose Schank Family Law as My LGBTQ Divorce Lawyer in San Bernardino, CA?

Protecting Both Parents in LGBTQ Families

Custody cases between two mothers or two fathers often turn on proving the non-biological parent’s legal status and daily involvement. The firm has negotiated custody, visitation, and child support in a case involving MLB and NFL players, and our attorneys prosecuted a contempt jury trial that produced 95 counts of contempt against a parent who repeatedly violated custody orders. In support matters, the firm has obtained temporary spousal support of more than $60,000 per month. Our LGBTQ divorce attorneys have handled same-sex divorces, custody cases, and support disputes since 2013, including cases where the couple registered as partners long before they married.

Recognition and Training Close to Home

In 2024, Quality Business Awards named the firm the leading family law attorney in San Bernardino. Christian Schank holds a business management degree from Brigham Young University and has held Lead Counsel Verified status for family law since 2015. Couples who need a family lawyer in San Bernardino, CA for a same-sex divorce work with attorneys based at our local office.

What Is Important To Understand About LGBTQ Divorce Cases?

Same-Sex Divorce and Parentage Rules in California

California law treats same-sex marriages and registered domestic partnerships the same as any marriage when the relationship ends.

1. Grounds. Divorce is no-fault, so neither spouse or partner needs to prove misconduct.
2. Community property. Property acquired during the marriage or registered partnership and before separation is generally divided equally, while property owned before that period or received by gift or inheritance remains separate.
3. Parentage through marriage or partnership. A spouse or registered partner can be a legal parent of a child born or conceived during the relationship, and a judge can find someone is a parent even without a genetic connection.
4. Donors and surrogates. Children conceived with a sperm or egg donor or carried by a surrogate may require added steps to confirm parentage.
5. Custody. Judges decide custody based on the child’s best interest, with no preference based on sexual orientation or which parent gave birth.
6. Partnership termination. Partners who meet every eligibility requirement can file a notice of termination with the Secretary of State, and partners who are also married can dissolve both relationships in a single court case.

What Are Important Aspects of an LGBTQ Divorce Case?

Parentage gaps should be closed before custody is argued. A non-birth parent whose rights rest only on the marriage may want a court judgment of parentage, which other states must honor if the family later moves. Records from a fertility clinic or donor agreement often help with proving parentage when the other spouse disputes it.

Relationships that began before marriage was available raise property questions that most couples never face. Years of living together before registration or marriage generally do not create community property, though contributions to a home can still matter. A house one partner bought before the marriage, then paid down with shared income, can give the other spouse a share of the equity.

Long relationships also affect support and retirement. Couples ending a marriage later in life face issues common to any divorce after 50, including pensions, health coverage, and how long support should last.

Some couples are not ready to end the marriage but want property and support orders in place. Choosing legal separation instead keeps the marriage intact while the court divides assets and sets support.

Parenting plans for two-mother or two-father families work best when they address the details. A parenting plan that works covers exchanges, holidays, decision-making, and how each parent will be identified at school and medical offices.

What Should You Bring to Your LGBTQ Divorce Consultation?

Records that establish relationship dates and each parent’s legal status matter most in these cases.

• Marriage certificate and any domestic partnership registration or termination filings
• Birth certificates, parentage declarations, adoption decrees, or parentage judgments
• Fertility clinic, donor, or surrogacy agreements
• Deeds, mortgage statements, and records of down payments
• Recent pay stubs, tax returns, and retirement account statements
• Any written agreements about property or support made during the relationship

At the consultation, a San Bernardino LGBTQ divorce lawyer reviews your dates and documents, explains how California law treats your relationship history, and identifies any parentage steps to take before custody is addressed. If you are unsure whether an earlier partnership was ever registered, we can help you confirm its status.

What Is The LGBTQ Divorce Case Timeline?

A same-sex divorce in San Bernardino follows the standard sequence for every divorce in the county.

• One spouse or partner files a petition and serves the other, and filings can be submitted through the court’s voluntary family law eFiling system.
• Either party may request temporary custody, visitation, or support orders while the case is pending.
• Both parties exchange financial disclosures listing income, assets, and debts.
• Parents who disagree on custody attend mediation through Family Court Services.
• Remaining issues are negotiated or decided at trial, and the court enters a judgment.

A mandatory waiting period applies before a divorce becomes final. Parentage questions raised early in the case can add time, which is another reason to resolve them before temporary custody orders are requested. A San Bernardino, CA LGBTQ divorce attorney can ask the court to decide parentage within the divorce itself, so a separate case is usually unnecessary.

San Bernardino Family Court and Local Resources

San Bernardino same-sex divorces are heard at the Superior Court’s Family Law Division on North Arrowhead Avenue. Spouses who need proof of a marriage performed in the county can order certified marriage certificate copies from the Assessor-Recorder-Clerk, either by mail, online, or by appointment at the Hall of Records.

The court’s self-help assistance centers review completed family law forms and give procedural information to people without attorneys. The county Department of Behavioral Health promotes culturally appropriate services through its Office of Equity and Inclusion, which hosts an LGBTQ Awareness Subcommittee that meets monthly online.

Reach Out to Schank Family Law to Schedule a Consultation

A San Bernardino LGBTQ divorce attorney from our firm can help you protect your parental rights, your share of the property, and your support. Start with a free case evaluation, where an intake specialist reviews your situation and determines whether an attorney consultation is the right next step. Contact us to request yours.