Gay marriage was made legal in Texas with the historic decision by the US Supreme Court in the 2015 Obergefell case. This means the court can now grant a divorce to married same-sex couples in the same way as in the case of straight couples. However, there might be some complications including property and parental rights. Therefore, it is important to work with an experienced lawyer who would understand such complicated legal problems.
Thompson Salinas Londergan LLP is a prominent family law and divorce attorney firm in Austin, Texas that can assess same-sex divorce cases and guide you through the complicated legal procedures. Their team of expert lawyers provides support by performing investigative research and preparing legal documents for you. They value open communication, empathy, connection, trust, assurance, support, and understanding in every case they take. They strive to first help in making you understand all the options and provide a path for the best legal solution that should meet your needs.
Basic requirements for filing same-sex divorce
The basic rules for same-sex divorce are the same as for any other divorce case.
- You must meet the requirements of your state residency for proving how long you and your spouse have been living in the State before filing a divorce.
- You will need to give a reason for taking a divorce.
Property division in the same-sex divorce case
The judge divides a couple’s marital property and debts between the partners, whether straight or gay marriage. However, for same-sex couples living together and sharing the property before gay marriage became legal, the property division can be unfair. The judges have the authority to decide on splitting the property value between the partners.
Child custody rights in same-sex divorce cases in Texas
Sadly, when a marriage ends, the same individuals who fought for same-sex marriage turn to racist parenting laws to retaliate against their ex. The laws in Texas are the same for LGBTQ couples with child rights as it is for straight couples.
Since adoption in a same-sex marriage is also legal in all the US states, the wives of mothers with a child during the marriage through artificial insemination will be considered the other parent of the child. Therefore, mothers cannot deny child custody rights to their ex-wives.
Issues with Spousal support in same-sex divorce
Alimony or financial support to the spouse is another issue that can get complicated in same-sex divorce cases if couples have been living together before their marriage was legalized. Gay spouses are entitled to alimony when they get divorced just like in heterosexual divorce cases. Usually, the longer the marriage, the more will be the alimony awarded to the spouse who needs it.
However, if the relationship is longer than the marriage then the judges have a lot of discretion in deciding on spousal support. Some judges will add the years while some will not value the relationship other than marriage.
The judges have the right to make decisions about property division, child custody, and alimony. Therefore, an experienced divorce lawyer will be able to assist you in protecting your rights and understanding the needs of same-sex divorce.