Speak With an LGBTQ Divorce Attorney Right Now — 24/7

An LGBTQ divorce attorney is a family lawyer who handles same-sex divorces and domestic partnership dissolutions and has specific experience with the legal issues that affect gay, lesbian, bisexual, and transgender clients — including pre-Obergefell relationship timing, parentage gaps for non-biological parents, and the unique asset and tax questions that come up in same-sex divorces.

Procedurally, same-sex divorce in the United States after Obergefell v. Hodges is governed by the same rules as opposite-sex divorce. In practice, it often raises extra issues: the legal start date of the marriage when the couple was together long before they could legally marry; non-biological parent rights for children born during the relationship; what to do with a prior domestic partnership or civil union; and assets acquired before marriage equality.

This is one of the most painful gaps in LGBTQ family law. If a couple raised a child together but only one is the biological or adoptive parent, the non-biological parent may have limited or no legal custody rights at divorce. An experienced LGBTQ divorce attorney can pursue tools like de facto parent petitions, parentage actions under California Family Code §7611, or evidence of holding out as a parent to protect the non-biological parent's relationship with the child.

Even when both spouses agree, mistakes in paperwork or in dividing retirement accounts, real estate, and tax issues can be expensive and hard to fix later. An LGBTQ divorce attorney can review or prepare your marital settlement agreement so the court accepts it and you both walk away protected. Many offer flat-fee or limited-scope representation for uncontested cases.

It's very similar. California treats registered domestic partnerships much like marriages for property division, support, and parental rights. Some shorter, childless, low-asset partnerships can be ended with a Notice of Termination filed with the Secretary of State, but most require a court dissolution petition. An LGBTQ divorce attorney can tell you which path applies.

California is a community property state, so assets and debts acquired during the marriage are generally split equally. High-asset cases often involve business interests, stock options, real estate, retirement accounts, trusts, and cryptocurrency — each of which requires careful valuation. For same-sex couples, the question of when the marital community began (especially if you were together before marriage equality) can dramatically change the math.

Yes — California can dissolve any valid marriage as long as residency requirements are met (generally six months in California and three months in the county of filing). For same-sex couples who married in a state that no longer offers a clear divorce pathway, California has special provisions to help. An LGBTQ divorce attorney can confirm jurisdiction and the right venue for your case.

Fees vary by attorney, complexity, and whether the case is contested. Calling our service is free, and most attorneys in our network offer a free initial consultation. Uncontested cases are often handled on a flat fee. Contested cases are typically billed hourly. The attorney sets fees and you pay them directly — we never add a fee on top.