Divorce is nothing if not complicated, but LGBTQ divorces tend to be that much more so. While it is difficult to believe, same-sex marriages were illegal in the State of Texas until 2015 – when the U.S. Supreme Court ruled that banning same-sex marriages was unconstitutional in all 50 states. As such, many LGBTQ marriages in Texas are common law marriages – unless your marriage took place after this ruling or you made your marriage official after this ruling. LGBTQ marriages are just as susceptible to divorce as any others are, and if you are facing an LGBTQ divorce, don’t put off consulting with an experienced Austin divorce attorney.
If you married in another state prior to the 2015 Supreme Court ruling, then moved to Texas as a married couple, your marriage is not recognized in the State of Texas except perhaps as a common law marriage. To establish a common law marriage, you must be able to clearly demonstrate all of the following:
There are no specific laws on the books that address LGBTQ divorces, but because LGBTQ marriages are now legal in Texas, you are afforded the same rights as any other married couple is.
Your divorce – like every other divorce – will focus on the same basic fundamentals, including:
Ultimately, if you and your divorcing spouse can’t meet in the middle on each of these matters, the court will intervene on your behalf – and it always makes its decisions on a case-by-case basis.
Regardless of the circumstances surrounding your legal situation, I am more than willing to help you solve your situation in the least stressful manner possible.
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