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LGBTQ Family Law
San Jose, California
Professional, knowledgeable family law representation for LGBTQ individuals and families throughout Santa Clara County.
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The Law Office of James Chau, P.C. represents clients in all family law matters regardless of sexual orientation, gender identity, or family structure. Same-sex couples, transgender individuals, non-binary individuals, and families with alternative parenting arrangements are welcome and receive the same thorough, professional representation as any other client.
California family law generally applies equally to all married couples and registered domestic partners. While the law applies equally in most respects, some legal issues arise more frequently in LGBTQ families. Understanding those issues is where experience matters.
California Law
Marriage and Domestic Partnership in California
California recognizes both marriage and registered domestic partnership as legal relationships that carry rights and responsibilities under state law. Same-sex couples have had the right to marry in California since 2013, following the Supreme Court's decision in Hollingsworth v. Perry, and nationwide since 2015, following Obergefell v. Hodges.
Registered domestic partnerships are available in California to same-sex couples and to opposite-sex couples where at least one partner is 62 or older. Domestic partnerships carry many of the same rights and obligations as marriage under California law, including community property rules, spousal and partner support obligations, and the requirement of a formal legal process to dissolve the partnership.
LGBTQ-Specific Issues
Where California Family Law Has Unique Considerations
Parentage
Families formed through assisted reproduction, surrogacy, or adoption may require additional steps to establish legal parentage for both parents. Second-parent adoption and confirmatory adoption are available in California and can be important tools for protecting parental rights. A pre-birth parentage order is often recommended for families using a surrogate.
Transgender clients
Transgender clients sometimes have additional legal considerations, including name and gender marker changes, how those changes interact with existing legal documents, and ensuring court orders accurately reflect a client's identity.
Prior legal relationships
Prior domestic partnerships, civil unions, or same-sex marriages from other states or countries may affect your current legal situation in California. James can evaluate how prior relationships affect property rights, support, or the dissolution process.
Services
What the Law Office of James Chau Handles
Divorce and legal separation
for same-sex and opposite-sex married couples
Dissolution of domestic partnerships
registered in California or other states
Child custody and parenting plans
including complex multi-parent arrangements
Child support
calculated under California guidelines
Spousal and partner support
for married couples and domestic partners
Property division
under California community property law
Parentage establishment
including second-parent and confirmatory adoption
Modification of existing orders
for custody, support, and other matters
Domestic violence restraining orders
Mediation
Speak Directly with James Chau
Schedule a free 20-minute consultation. No obligation. You will speak with James, not a staff member.
Why Clients Choose James Chau
Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
More than 15 years serving San Jose and Santa Clara County as a family law attorney
Experience representing LGBTQ clients in all family law matters
Direct communication with James throughout your case
Knowledgeable about LGBTQ-specific considerations, including parentage, domestic partnerships, and prior legal relationships
Serves English, Mandarin, and Vietnamese speaking clients upon request
Frequently asked questions
Contact the Law Office of James Chau
The Law Office of James Chau, P.C. represents clients in San Jose and throughout Santa Clara County. If you are ready to speak directly with a San Jose divorce attorney, contact us online or call (408) 899-8364.