Are you looking for an LGBTQ divorce lawyer in Santa Clara, CA?
At Schank Family Law, we provide trusted LGBTQ divorce counsel for individuals throughout Santa Clara.
If your marriage or registered domestic partnership is ending in Santa Clara, California applies the same dissolution statutes that govern every other couple. We represent LGBTQ clients in divorces, domestic partnership dissolutions, and the custody and support issues connected to them. Our Santa Clara, CA LGBTQ divorce lawyer reviews how and when your relationship was legally formalized, then applies California’s property, support, and parentage rules to that history. The firm has handled same-sex divorces since 2013 and has focused on California family law since 2003. Reach our office to begin a review of your case.
LGBTQ Divorce Lawyer Santa Clara, CA
How is an LGBTQ divorce different from any other divorce in California? Legally, it follows the same statutes and the same court process. Differences arise from the relationship’s legal history, such as a domestic partnership registered years before a marriage, a relationship that began before marriage was available, or children born to parents who are not both biologically related to them. An LGBTQ divorce attorney handles the dissolution while addressing those specific issues.
LGBTQ residents make up about 4% of Santa Clara County’s population, according to an assessment cited by the County of Santa Clara. Their dissolutions proceed in the same Superior Court, under the same rules, as every other case of this kind in the county. A Santa Clara LGBTQ divorce lawyer applies those rules to the dates and documents that define each relationship.
Types of LGBTQ Divorce Cases We Handle in Santa Clara
LGBTQ family law cases cover the same ground as any other dissolution, with a few issues that come up more often. We handle each of the following for Santa Clara spouses and partners.
- Divorce. Married same-sex spouses end their marriages through the same dissolution process as any other couple. We manage the petition, disclosures, and settlement or trial from start to finish.
- Domestic partnership dissolution. Registered domestic partners have the same rights and obligations as spouses under California law. We handle court dissolutions of domestic partnerships and advise on whether a simplified termination through the Secretary of State is available.
- Marriage and partnership combined. Some couples registered as domestic partners and later married each other. We determine which date controls for property and support purposes and address both legal relationships in the case.
- Child custody. Custody between two legal parents is decided under the best interest standard, regardless of either parent’s gender. We represent parents in parenting plans, mediation, and contested hearings.
- Parentage for non-biological parents. A spouse or registered partner who is not biologically related to a child can still be a legal parent. We establish or defend parentage so that custody and support orders rest on a secure foundation.
- Child support. Once parentage is settled, support follows the statewide guideline. We handle initial orders and later modifications.
- Property division. Community property generally begins on the date of marriage or registration, which may be years after the relationship itself began. We trace assets acquired across those periods and classify them correctly.
- Alimony. The length of the legal relationship affects both the amount and duration of spousal or partner support. We present the evidence the court needs to evaluate support fairly.
- Out-of-state marriages and partnerships. Couples who married or registered elsewhere, or who registered in California and later moved away, may face questions about where the case can be filed. We review jurisdiction before anything is filed.
Why Choose Schank Family Law as my LGBTQ Divorce Lawyer in Santa Clara, CA?
Same-Sex Divorce Cases Handled Since 2013
Schank Family Law began handling same-sex divorces in 2013 and has represented LGBTQ spouses and partners in California courts since then. Those cases range from uncontested dissolutions to contested custody and property trials, and many involve a legal history that spans more than one form of recognition. That work regularly involves issues such as:
- Relationships that include both a domestic partnership and a later marriage
- Property acquired before the legal relationship began
- Parentage questions for parents who are not biologically related to their children
Guided by Founding Attorney Christian Schank
Christian Schank joined the California bar on June 2, 2003. Before that, he was already involved in law firm management, beginning in 1998. Martindale-Hubbell recognized him with an AV rating in 2000, and Lead Counsel has verified his family law practice since 2015. He attended Brigham Young University and holds a J.D. from the University of La Verne College of Law. LGBTQ divorce is one part of what we handle as a family lawyer in Santa Clara, CA. Related custody, support, and property matters can come to the same firm.
Understanding LGBTQ Divorce Cases
Grounds for Divorce, Partnership Dissolution, and Property Division in California
The same legal framework governs every California divorce and domestic partnership dissolution. The key concepts include:
- No-fault grounds. A marriage or a registered partnership can be dissolved based on irreconcilable differences.
- Equal rights for registered partners. Registered domestic partners have the same rights and obligations as spouses, including community property and support.
- Community property. Anything the couple acquired, and any debt incurred, during the legal relationship is generally split equally.
- Separate property. Property owned before the marriage or registration remains separate, along with gifts and inheritances.
- Parentage. Children born during a marriage or registered partnership are generally presumed to be children of both spouses or partners.
- Simplified termination. Some short domestic partnerships with no children and limited assets may qualify for termination through the Secretary of State rather than the court.
What Should You Bring to Your LGBTQ Divorce Consultation?
The dates of your legal relationship shape much of the case. Bringing documents that establish those dates, along with your financial records, lets us identify the key issues at the first meeting.
- Your marriage certificate and any Declaration of Domestic Partnership
- Records of any earlier registration, marriage, or civil union in another state
- Birth certificates, parentage judgments, or other documents relating to your children
- Recent tax returns, pay records, and account statements
- Deeds or title documents for property acquired before or during the relationship
You will receive an explanation of how California law applies to your relationship’s timeline and which issues are likely to require the most attention. We will also identify any documents still needed to confirm registration or marriage dates.
What Are Important Aspects of an LGBTQ Divorce Case?
Several issues deserve attention early in an LGBTQ divorce, because they can affect every other part of the case.
- Identifying the correct start date of the legal relationship, since it controls what is community property.
- Confirming that both spouses or partners are recognized as legal parents before custody and support are decided.
- Accounting for property accumulated before the legal relationship, which may be separate even if both partners contributed to it.
- Reviewing any prenuptial or partnership agreement signed before registration or marriage, and whether it covers both relationships.
- Choosing between a contested or uncontested path based on how much the spouses already agree on.
Custody questions follow the same custody basics that apply to all California parents once parentage is established.
What Is The LGBTQ Divorce Case Timeline?
Court dissolutions of marriages and registered partnerships follow the standard steps in a divorce: filing and service of the petition, exchange of financial disclosures, negotiation or trial, and entry of judgment. California requires at least six months to pass after service before the dissolution can become final. Uncontested cases often close soon after that period ends.
Cases with contested custody, parentage, or property issues take longer. Relationships involving significant wealth or assets acquired before the legal relationship may require additional discovery and valuation. A Secretary of State termination, when available, becomes effective six months after the notice is filed. Either partner can revoke the notice during that period, and a partnership that does not qualify for the simplified process must be dissolved through the Superior Court instead.
Santa Clara Family Court and Local Resources
LGBTQ divorce cases from Santa Clara are filed in San Jose with the Family Division of the county’s Superior Court. Santa Clara County was also the first county in the nation to create an office dedicated to LGBTQ affairs. The following resources operate independently of our firm:
- Office of LGBTQ Affairs. The county’s LGBTQ office coordinates services and community resources for LGBTQ residents of Santa Clara County.
- Domestic Partners Registry. The Secretary of State’s partner registry handles registrations and the forms used to terminate qualifying partnerships.
- Partnership termination guide. California Courts explains the simplified termination process and who qualifies for it.
- Parentage information. The statewide parentage overview explains who is a legal parent in California.
Reach Out to Schank Family Law to Schedule a Consultation
Every LGBTQ divorce begins with a review of when and how the relationship was legally formalized. Contact us to set up a free case evaluation. An intake specialist will go over the details with you and suggest whether the case is ready for attorney review. Inquiries receive a prompt reply.
