LGBTQ+ Divorce Attorney in California

Experienced LGBTQ+ Divorce Representation

Denise Furubotten is proud to offer compassionate and supportive guidance to LGBTQ+ couples navigating the divorce process. California divorce law applies equally to all married couples regardless of the sex or gender of those involved — but LGBTQ+ couples often face unique legal challenges that require specific expertise and experience.

Unique Challenges in LGBTQ+ Divorce

Because same-sex marriage was not recognized nationwide until 2015 (Obergefell v. Hodges), many LGBTQ+ couples were together for years or decades before they could legally marry. This creates legal complications that opposite-sex couples typically do not face:

• Pre-marriage cohabitation — contributions made by each partner during years of living together before marriage may not be recognized as community property, even if both partners contributed equally to the household
• Asset characterization — assets accumulated before marriage may be treated as separate property even if they were purchased jointly or with commingled funds
• Domestic partnerships — some LGBTQ+ couples entered into registered domestic partnerships before marrying; dissolution of both the partnership and the marriage may be required
• Parental rights — in cases where only one parent has a biological or legal relationship to the children, the non-biological parent's parental rights may need to be established or protected

Child Custody for LGBTQ+ Families

Child custody matters can be particularly complex for LGBTQ+ couples, especially when one parent gave birth to or adopted a child before the couple married, or when only one partner completed a legal adoption. Options that may be relevant include:

• Second-parent adoption to establish legal parental rights for the non-biological parent
• Establishing de facto parent status to protect bonds between a non-biological parent and child
• Ensuring custody arrangements reflect the actual parenting roles each partner has played

Registered Domestic Partnerships

Registered domestic partnerships still exist in California and are available to both same-sex and opposite-sex couples. If you are in a registered domestic partnership — whether or not you are also married — the dissolution process involves specific legal requirements that differ from divorce. Our team can guide you through both processes if applicable.

Compassionate, Knowledgeable Representation

Furubotten Law, APC is committed to providing every client with representation that is both legally rigorous and personally sensitive. Denise brings decades of experience to LGBTQ+ divorce matters and takes pride in helping all clients — regardless of family structure — navigate the legal process with clarity, dignity, and effective advocacy.

Last reviewed: May 2026 · Author: Denise Furubotten, Esq.