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San Jose Same-Sex Divorce Lawyer

Protecting Your Best Interests in Divorce

In California, same-sex couples are legally permitted to marry and enter in to domestic partnerships. Same-sex marriage is also recognized by the federal government. For this reason, the divorce process is the same as opposite-sex divorces in almost every aspect. If you are facing a same-sex divorce, our San Jose lawyers can protect your best interests when it comes to issues related to asset division, spousal support, child custody, and more.

Before the U.S. Supreme Court ruled that same-sex couples have the right to marry, which was determined in the Obergefell v. Hodges case in 2015, it was much harder for same-sex couples to obtain a divorce in a state that did not recognize same-sex marriage. Because of this issue, California made an exception to their non-resident divorce rule, which requires at least one spouse to be a resident of the state for at least six months before filing for divorce. California, and some other states, allowed non-resident same-sex couples to divorce in California if their marriage had originally taken place there. However, since the 2015 ruling, same-sex couples may obtain a divorce in any state, regardless of its particular laws about same-sex marriage.

Our San Jose divorce lawyers can provide the same legal support for a same-sex divorce as for any other type of divorce case. We can help you sort through asset division issues related to community and separate property, protecting your assets and interests. When it comes to alimony or spousal support, we can also advocate for your financial interests.

Regarding child custody and support, it is important to remember that it may be difficult to obtain custody or visitation rights if the child is not your biological child and/or if you have not legally adopted him or her. However, if you and your spouse both have adoptive rights to the child, the courts will approach the case with the same considerations as they would in an opposite-sex divorce case.

When Facing a Divorce, Call on a Trusted Advocate

Magdalena Law Group is dedicated to providing compassionate and effective legal representation to all of our clients. Our San Jose same-sex divorce lawyers know how to negotiating and mediating when necessary, and how to safeguard your best interests. We understand that this is likely a very stressful and emotional time, which is why you shouldn’t face the legal process alone or without skilled representation.

Contact us today at (408) 601-4439 to request your free consultation!

Why Choose Magdalena Law Group

  • Led by a Certified Family Law Specialist

  • Experienced Courtroom Litigators on Your Side

  • Effective, Caring & Innovative Counsel

  • Multi-Lingual Legal Services Offered

Hear from Our Former Clients

  • “They're always on top of it and have your back!”

    Former Client

  • “Made the divorce process so simple and less emotional! She was quick to respond to any questions or concerns I had.”


  • “Her thorough and unbiased approach to my situation prepared me for all of the possible outcomes which ultimately alleviated many of my concerns.”


  • “Magdalena and her group worked longs hours on my case. She showed how much she cared about her clients.”


  • “I felt like I could trust her with my case, if I had questions or concerns her and her assistant would respond back right away. ”

    Family Client