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Specialty tag(s): LGBT Divorce, Collaborative Divorce, Divorce

What Is A Good Divorce Process For LGBT+ Divorce In Texas?

Kristiana Butler | February 26, 2024

Texas courtrooms are not always the friendliest places for members of the LGBT+ community.

Many queer clients come into my office and express a deep fear of prejudice and bias in the courtroom if they pursue a divorce or child custody suit in Texas.

While judges are generally becoming more educated and welcoming to LGBT+ parties, respect and fair treatment is not always guaranteed. One option ensures a safe and respectful process: the Collaborative Law model.

When both parties in a divorce or child custody case share a desire to keep their family matters out of court, the Collaborative Law process provides a safe place to work out arrangements unique to each family.

Collaborative Divorce And LGBT+ Families

The Collaborative Law model requires each party to commit to negotiations and teamwork throughout the legal process without litigation.  More information about the Collaborative Law model can be found here.

There are unique issues in same-sex or mixed-orientation family relationships that require an understanding of nuanced parentage and property laws, and an experienced Collaborative Law team can guide separating families through the challenges they may face.

In mixed-orientation couples where partners no longer share the same sexual orientation, there may be layers of hurt, shame, and grief that can be addressed through individual and team meetings during the Collaborative Law process. It is incredibly beneficial to have a trained mental health professional on the Collaborative Law team to provide guidance and guidelines for managing the emotions that arise during the divorce process.

The end of a marital or family relationship is difficult, and it should not be compounded by a fear of unfair treatment due to sexual orientation or gender identity. A collaboratively trained family law attorney who is educated about the challenges facing LGBT+ clients can help you determine if your case is right for Collaborative Law.

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About Kristiana

Kristiana is committed to helping her clients set their priorities, examine their options, and pursue long-term goals with the support and respect they deserve. From shared-custody parenting to buyouts of business interests to LGBT+ divorces, Kristiana uses a strategic, empathetic, and skillful approach to protect the people and assets her clients care about most.

Since 2013, Kristiana has practiced family law exclusively. She has experience with Collaborative Divorce, mediation, cases involving small businesses and complex property divisions, LGBT+ divorce, and pre- and post-marital agreements. She has been named a Rising Star by Super Lawyers 2017-2023, an Austin Monthly magazine Top Attorney in 2020-2023, and listed in Best Lawyers: Ones to Watch every year since 2020.