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June 21, 2018

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On behalf of The Powell Law Firm

| Divorce

Is Divorce Treated Differently for Same-Sex Couples in Texas?

A Same-Sex Divorce Follows the Same Procedures, but Couples Could Face Some Unique Challenges

Same-sex marriage was legalized in our state in June 2015. At the time, a ground-breaking Supreme Court Decision (Obergefell v. Hodges) found that the right to marry is protected by the U.S. Constitution. All state laws that prohibited same-sex marriage were struck down.

Like all other couples, some same-sex couples are now dealing with the issue of divorce. This raises complicated questions, as same-sex divorce is still very new in Texas. Here, our Pearland, TX same-sex divorce attorneys explain some of the basic things that you need to know about how this process works.

Under the State Law the Process is the Same

For same-sex couples, the divorce process is largely similar to the divorce process for opposite sex couples. You may seek a divorce on no-fault grounds or fault based grounds. You may also reach a divorce settlement (as most couples do), or your case may be resolved in the courtroom. In all cases, same-sex partners who are getting divorced should be represented by an experienced attorney who can protect their family law rights and financial interests.

There May be a Common Law Marriage Question

One of the issues that can make a same-sex marriage more complicated than an opposite sex marriage is the issue of ‘common law marriage.’ In Texas, you do not necessarily have to have a marriage license in order to be married for the purposes of state law. In fact, a couple in Texas is married if they:

  • Agree to be married;

  • Live together as spouses; and

  • Hold each other out as spouses.

In most cases, couples who do these three things also choose to officially tie the knot with a marriage license. Thus, common law marriage is rarely an issue. However, until 2015, same-sex couples did not have the ability to get married in Texas. There were many same-sex couples who lived like ‘spouses’ for decades, but were prevented from getting a marriage license due to discriminatory state regulations.

In a divorce, this has the potential to make a difference. While a same-sex couple in Texas may not have gotten their marriage license until after the Summer of 2015, a family law court today may actually find that they retroactively had a valid common law marriage that started many years earlier. This is still a new, unresolved issue. If you and your same-sex partner are splitting up after long relationship, you should work with a divorce attorney who can help you address this issue and all of its potential implications.

Get Help With Your Same-Sex Divorce in Texas

At The Powell Law Firm, our Texas same-sex divorce lawyers are committed to providing top quality family law services to our clients. To get immediate assistance with your same-sex divorce, please contact our legal team today for a fully private consultation. With an office in Pearland, TX, we serve communities throughout the region, including in Brazoria County and Galveston County.

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