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December 23, 2024

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On behalf of The Powell Law Firm

| Family Law

How Does Divorce Work for Same-Sex Couples?

However, some unique issues can arise. Our divorce lawyers provide guidance for the divorce of same-sex couples in Texas.

Same-Sex Divorce in Texas is Similar for Heterosexual Couples

As a starting point, it is essential to emphasize that divorce laws for LGBTQ couples in Texas are not inherently different from the divorce laws for heterosexual couples. There is equal protection for couples under the law (Obergefell v. Hodges). Here are four key points that same-sex couples should understand about the divorce laws in Texas:

  • Residency: To file for divorce in Texas, same-sex couples must meet the exact residency requirements as heterosexual couples. One spouse must have lived in Texas for at least six months and in the county where the divorce is filed for at least 90 days.
  • Fault/No-Fault: Texas offers all couples fault-based and no-fault divorce options. Same-sex spouses can file for a no-fault divorce, citing “insupportability,” or choose fault-based grounds like adultery, cruelty, abandonment, or imprisonment. Most divorces in Texas are no-fault divorces.
  • Community Property: Texas is a community property state. The presumption is that all marital property and debts belong equally to both spouses. This standard applies equally to same-sex divorces as it does to opposite-sex divorces.
  • Custody/Visitation (Parents): For parents, custody and visitation are determined based on the child’s best interests. Texas law treats same-sex parents equally, and both biological and adoptive parents can pursue custody or visitation rights.

Some Unique Issues Same-Sex Couples Face in Divorce

Although the divorce laws for same-sex couples in Texas are not technically different, the reality is that LGBTQ couples may face some unique issues. Here are key points to be aware of:

  • Establishing Parental Rights : Same-sex couples often face unique challenges in determining parental rights during a divorce. If one spouse is a biological parent and the other is not, the non-biological parent may need to establish legal parentage through adoption or other means. It can create complications for custody and visitation.
  • Division of Pre-Marriage Assets in Long-Term Relationships : Before same-sex marriage was legalized nationwide (and in Texas) in 2015, many couples lived together in long-term relationships without the legal recognition of marriage. That can create challenges in dividing assets and debts, as Texas law typically only considers property acquired during the marriage as community property.

Contact Our Pearland, TX Divorce Lawyer Today

At The Powell Law Firm, our Texas divorce attorney has the knowledge, skills, and experience to represent same-sex couples. If you have any questions or concerns about LGBTQ divorce in Texas, we are here to help. Contact us today for a confidential initial consultation. We provide divorce representation in Pearland and throughout Southeast Texas.

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