San Jose Same-Sex Divorce Lawyer

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

At Schank Family Law, we are LGBTQ divorce lawyers with more than a decade of experience guiding clients through complex matters.

If you are ending a same-sex marriage or registered domestic partnership in San Jose, the dates that define your relationship can change how property and support are decided. Those dates deserve close review before any agreement is signed.

Schank Family Law has represented same-sex couples since 2013 and has practiced family law since Christian Schank founded the firm in 2003. Our San Jose, CA LGBTQ divorce lawyer represents either spouse or partner and serves Santa Clara County through a local office. Request a free case evaluation to get started.

LGBTQ Divorce Lawyer San Jose, CA 

An LGBTQ divorce lawyer represents spouses and registered domestic partners in same-sex relationships when the relationship ends. The legal process is the same one every California couple follows, using the same petition form for marriages and domestic partnerships. The relationship history matters because it can change what counts as community property, and it often differs from other cases: many couples registered as domestic partners, married later, or lived together for years before either option was available to them.

Married couples headed 53% of San Jose households in 2020, according to Census data compiled for the Bay Area. Same-sex spouses are part of that group, and their divorces follow the same community property and support rules.

Types of LGBTQ Divorce Cases We Handle in San Jose

Same-sex divorces involve every issue that arises in other divorces, along with a few that are specific to these relationships. Our attorneys represent clients in each of the following San Jose matters.

• Divorce after marriage. We represent spouses in contested and uncontested divorces, from straightforward cases to those involving businesses and significant assets. Each case starts with an accurate relationship timeline. Couples with substantial estates receive the same detailed review we bring to any high net worth divorce in San Jose.
• Dissolution of registered domestic partnerships. Registered partners have the same rights and obligations as spouses under California law. We handle court dissolutions and advise partners on whether a simpler process may be available.
• Couples with both a partnership and a marriage. Some couples registered as domestic partners and later married. We address which date controls the community property period and how it affects support.
• Property division. Community property is generally divided equally, and property owned before the relationship’s legal start date may be separate. We trace assets acquired during long relationships to establish their character.
• Child custody. Both parents in a same-sex couple can be legal parents, including a parent who is not biologically related to the child. We confirm each parent’s legal status and build a parenting plan around the children’s needs. Assisted reproduction and donor agreements are reviewed at the outset.
• Child support. Support follows the statewide guideline once parentage is established. We make sure income and parenting time are calculated accurately.
• Spousal support. The length of the relationship affects long-term support. We present the full history of the relationship, including the domestic partnership period when it applies.
• Pension division. Retirement plans earned during the marriage or partnership are generally community property. We negotiate their division and refer clients to a QDRO attorney when a plan order is required.
• Restraining orders. Domestic violence occurs in same-sex relationships as in any other, and protective orders are available on the same terms. We represent people seeking protection and people responding to requests.
• Name restoration. A spouse or partner who changed names during the relationship can request a return to a former name as part of the judgment. We include that request so a separate case is not needed.

San Jose LGBTQ Divorce Infographic

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

Experience With Same-Sex Couples Since 2013

The firm began representing same-sex couples in 2013 and has handled their divorces, custody cases, and support matters since then. Our broader record includes temporary spousal support awards of more than $60,000 per month and $22,000 per month, along with a negotiated custody and child support resolution involving MLB and NFL players. Those results reflect careful work on income, custody, and support, which are the same issues at the center of most same-sex divorces. Clients who were together for years before they could marry often need that earlier history documented carefully, and the firm has handled those timelines for more than a decade.

A Founder Rated by His Peers

Christian Schank holds an AV rating from Martindale-Hubbell and founded the firm in 2003, the year he was admitted to the State Bar of California. He began his career managing California’s largest criminal defense firm before moving exclusively into family law. The firm handles family law exclusively, and couples who need a family lawyer in San Jose, CA work with attorneys based at our local office.

What Is Important To Understand About LGBTQ Divorce Cases?

What Should You Bring to Your LGBTQ Divorce Consultation?

Relationship dates are central to these cases, so documents that establish them are especially useful, but in general, bring what you have.

• Marriage certificate and any domestic partnership registration or termination records
• Birth certificates, parentage judgments, or adoption decrees for your children
• Records of any assisted reproduction agreements
• Tax returns, pay records, and account statements
• Deeds and loan records for property purchased during the relationship
• Any written agreements about property or finances made during the relationship

At the consultation, we review your relationship history, explain how California law applies to your dates and assets, and outline next steps. Couples who were together long before they could legally marry should bring records from that earlier period as well. If you are unsure whether a domestic partnership was ever registered or terminated, the Secretary of State’s office can confirm its status.

What Is The LGBTQ Divorce Case Timeline?

A same-sex divorce follows the same path as any California divorce, with extra attention to dates and parentage.

1. One spouse or partner files a petition and serves the other.
2. Either party may request temporary custody, support, or property orders.
3. Both parties exchange financial disclosures listing income, assets, and debts.
4. Parents with a custody dispute attend mediation, and the parties negotiate remaining issues.
5. Unresolved issues go to trial, and the court enters a judgment.

A mandatory waiting period applies before the divorce becomes final. Registered partners who meet strict eligibility requirements may instead end the partnership through a summary dissolution filed with the Secretary of State, without going to court. Couples who both married and registered as partners may need to end both relationships, and a single petition can address them together.

What Are Important Aspects of an LGBTQ Divorce Case?

The relationship’s legal start date shapes the entire financial case. Property acquired before a marriage or registered partnership is generally separate, while property acquired afterward is generally community. For couples who registered as domestic partners and later married, the earlier registration date often controls.

Domestic partnership registration can carry obligations couples did not expect. Partners who registered years ago may share community property rights even if they never married, and those rights continue until the partnership is formally dissolved.

Parentage should be confirmed early. A parent who did not give birth and is not biologically related to the child can still be a legal parent through marriage, a voluntary declaration, assisted reproduction records, or a court judgment. When those records are incomplete, establishing parentage through the court may be necessary before custody orders can be made.

Long relationships affect support. California considers the length of the marriage when setting long-term support, and the domestic partnership period can count toward that length.

Children’s well-being remains the court’s focus. Judges decide custody based on the children’s best interest, and helping your children through the transition matters regardless of family structure. Courts may also consider each parent’s role in planning for the child’s birth or adoption.

Grounds for Divorce and Property Division in California

California treats same-sex marriages and registered domestic partnerships the same as opposite-sex marriages for purposes of divorce.

• No-fault grounds. Neither spouse or partner needs to prove wrongdoing to end the relationship.
• Community property. Assets and debts acquired during the marriage or registered partnership and before separation are generally divided equally.
• Separate property. Assets owned before the relationship’s legal start date, or received by gift or inheritance, remain separate.
• Custody. Custody decisions are based on the child’s best interest, with no preference based on gender or sexual orientation.
• Support. Child support follows the statewide guideline, and long-term spousal support depends on factors such as the length of the relationship and each party’s earning capacity.
• Tax issues. Married same-sex couples file federal taxes like other married couples, so the judgment should address refunds or liabilities from joint returns.

San Jose Family Court and Local Resources

San Jose same-sex divorces are heard by the Superior Court of Santa Clara County at the Family Justice Center Courthouse on North First Street. Domestic partnership dissolutions filed in court follow the same process there as marriages.

Santa Clara County’s Office of LGBTQ Affairs maintains a list of LGBTQ community resources, including legal, housing, behavioral health, and domestic violence services. Those services can support clients and their children while the divorce is pending, and the office also publishes resource cards for families and older adults.

Reach Out to Schank Family Law to Schedule a Consultation

A San Jose LGBTQ divorce attorney from our firm can help you protect your rights, your property, and your relationship with your children. Start with a free case evaluation. An intake specialist will review your situation and determine whether an attorney consultation is the right next step. Contact us to request yours.