Same-Sex Divorce

Division of Assets in Same-Sex Divorces

According to Texas law, property is categorized as separate or community for the purpose of divorce. Community property includes any property acquired during the marriage by either spouse, unless proven otherwise. Separate property refers to property obtained by either spouse before the marriage, or via inheritance, bequest, or gift during the marriage. Separation of property can also be determined through a pre-marital or post-nuptial agreement. The party claiming that property is separate must provide clear and convincing evidence to prove its nature. In same-sex marriage cases, issues may arise in determining the nature of property acquired jointly prior to marriage. If you are looking for a same-sex divorce, a competent divorce attorney can help you determine how any property you acquired before or after marriage may be characterized and distributed.

Child Custody and Visitation

For many same-sex couples, they have children either born before or after getting married, but in some cases, only one spouse is legally recognized as the parent on the child's birth certificate. Hence, when seeking a same-sex divorce, it becomes crucial to determine whether there is a need to formalize the adoption of any child that both spouses parented together, to establish their parental rights and responsibilities legally. Additionally, to avoid any confusion regarding parental rights during the divorce proceedings, it's important to have both parents' names on the child's birth certificate. This legal recognition of each parent's status will simplify the process of obtaining visitation rights, conservatorship, and child support.

Spousal Maintenance

In Texas, the criteria for qualifying for spousal maintenance are quite stringent. To be eligible for maintenance, the requesting party must demonstrate that they were married for ten or more years and that they are unable to support themselves financially. Furthermore, spousal maintenance may be granted if the other spouse was convicted of domestic violence within two years of the divorce action being filed.