Texas LGBTQ+ Divorce Lawyers

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Understanding LGBTQ+ Divorce

Since the US Supreme Court’s ruling in Obergefell v. Hodges on June 25, 2015, marriage equality has been legal in all fifty states. As more LGBTQ+ couples wed, legal questions began to emerge about divorce. Because LGBTQ+ marriage and divorce have less history, the court system has been challenged to adapt. This process has been irregular, leading to frustration and numerous questions for couples. With the help of an experienced attorney who focuses on LGBTQ+ Divorces, 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 LGBTQ+ Couples? 

One of the biggest, and unique issues in an LGBTQ+ divorce is when the couple has a child together, especially if the child is biologically related to one parent and is not formally adopted by the non-biological parent. In the eyes of the court, questions about child custody emerge with only one biological parent in the relationship, despite the fact that both spouses may play equal parts in child-rearing. This can be avoided through a second-parent adoption, however, if you don’t have time to do this before divorce, it’s important to speak with a divorce attorney to discuss your options.  

Additionally, the date of marriage may be an issue if the couple lived in the state of Texas, held themselves out as married, and had a commitment ceremony or other commitment to be married prior to 2015 and then legally married in another state when it was legal to do so or after June of 2015.  In Texas, one spouse may claim a common law marriage date which affects the official date of marriage, the length of the legal marriage and what community property is available to be divided in the divorce. 

How Long Does It Take for LGBTQ+ Couples to Get a Divorce? 

The length of the divorce process varies for all couples. There is a minimum 60-day waiting period before you are allowed to finalize your divorce with the court. A sixty-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.

Do Divorce Requirements Differ for LGBTQ+ Couples in Texas?

LGBTQ+ marriages are viewed equally in the eyes of the law; therefore, they have the same divorce requirements. To file for a divorce in Texas, 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. 

Contact Our Experienced Texas LGBTQ+ Divorce Lawyers

Most couples find divorce to be complicated, but LGBTQ+ couples face additional challenges now as the legal system is adapting. At Goranson Bain Ausley, our attorneys are not only keeping abreast of the changes but also helping to shape family law in Texas to meet the needs of LGBTQ+ couples. Contact us for informed legal advice delivered with compassion and understanding. You can be confident that a Goranson Bain Ausley attorney from our Austin, Dallas, Fort Worth, Granbury, or Plano offices will serve as your advocate, ensuring you are provided equal rights and protection under the law.


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