LGBT Divorce

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.

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.