LGBT Divorce
Skilled Divorce Lawyers Serving the LGBT Community
Since the U.S. Supreme Court’s ruling in Obergefell v. Hodges on June 25, 2015, marriage equality has been legal in all 50 states. As more LGBT couples wed, legal questions began to emerge about same-sex divorce. Because LGBT marriage and gay divorce in Texas have less history, the court system has been challenged to adapt. This process has been irregular, leading to frustration and numerous questions for couples seeking LGBT divorces. However, with the help of an experienced divorce attorney specializing in same-sex divorce, you can feel confident that you have an advocate on your side who has your best interests at heart.
How Does the Divorce Process Differ for LGBT Couples?
One of the biggest complications that’s unique to an LGBT divorce comes when a same-sex couple has a child together, especially if the child is only biologically related to one parent. This gets complicated if the non-biological parent has not formally adopted the child. In a same-sex divorce in Texas, questions about child custody emerge if there’s only one biological parent in the relationship, despite the fact that both spouses may play equal parts in child-rearing. These concerns can be avoided through a second-parent adoption. However, if you don’t have time to do this before finalizing a gay divorce in Texas, it’s important to speak with an attorney familiar with the nuances of same-sex divorce to discuss your options.
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Another potential issue is determining the marriage date for couples in Texas. This is especially relevant for those who had a commitment ceremony before 2015 and presented themselves as married but then legally married later on. In Texas, during a divorce, one partner might assert that they entered into a common law marriage before their official marriage date. This claim can have a big effect on when the marriage is officially recognized to have started, how long it’s considered to have lasted legally, and how assets and property are divided in a same-sex divorce in Texas.
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What You Need to Know About Same-Sex Divorce and Common Law Marriage and Divorce in Texas
Partner Kris Algert breaks down what same-sex married couples need to know about what to expect legally when getting divorced in Texas.
How Long Does It Take for LGBT Couples to Get a Divorce?
The length of the divorce process varies for all couples, but there is a minimum 60-day waiting period before you are allowed to finalize your divorce with the court. A 60-day divorce is rare, however, since issues like spousal support, child custody, and the division of property often come into play and must be resolved first. You can contact an experienced divorce attorney familiar with LGBT family law to discuss the particulars of your case and get a better idea of what your timeline might be.
Do Divorce Requirements Differ for LGBT Couples in Texas?
LGBT marriages are viewed equally in the eyes of the law; therefore, they have the same divorce requirements. The filing spouse must be a Texas resident for six continuous months and be a resident of the county where they file for divorce for at least 90 days to file for divorce.
Contact Our Experienced Texas Divorce Lawyers Serving The LGBT Community
Most couples find divorce to be complicated, but LGBT couples may face additional challenges as the legal system evolves. At Goranson Bain Ausley, our divorce lawyers for gay marriage cases are not only keeping abreast of the changes but also helping to shape family law in Texas to meet the needs of LGBT couples. Contact us today to speak with a divorce lawyer familiar with the divorce process as it pertains to gay and lesbian couples. For informed legal advice delivered with compassion and understanding, you can be confident that a Goranson Bain Ausley family lawyer experienced in gay divorce will be the ally needed to see that your family’s relationships and future are taken care of. Working from our Austin, Dallas, Fort Worth, Granbury, Midland, or Plano offices, our attorneys will serve as your advocate, ensuring that you are provided equal rights and protection under the law.
- Thomas P. Goranson 1997
- Thomas L. Ausley 1997
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- Thomas L. Ausley 1980
- Thomas P. Goranson 1980
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- Kathryn J. Murphy 1995
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OUR LATEST RESOURCE ON LGBT DIVORCE
What Is A Good Divorce Process For LGBT+ Divorce In Texas?
Learn about the Collaborative Divorce model and how it can help LGBT couples navigate a divorce.
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