LGBT Divorce in Houston
When the Supreme Court of the United States ruled that bans on same-sex marriages were unconstitutional, the laws on LGBT marriages and divorces changed.
Prior to the 2015 ruling, same-sex couples were forbidden to be legally married, but couples that were legally married in states that allowed for same-sex marriages were unable to get a divorce in a state that didn’t legally recognize their marriage— such as Texas. But after SCOTUS’ 2015 decision ruling in favor of same-sex marriages, same-sex couples that were seeking divorce in Texas realized that the news was bittersweet. LGBT marriages also allowed for same-sex divorces in the same state.
Essentially, these divorce cases are the same as traditional divorces. The same marital laws and rights that apply to heterosexual couples now applies to same-sex couples in the state of Texas. However, though they hold the same rights, this doesn’t mean that divorces are simple or easy. All divorces are complex and carry a myriad of issues that need resolving in order to finalize.
There are many issues surrounding each and every divorce case, regardless of their genders. It is important that you have someone that specializes in Texas divorces and LGBT divorces. No matter the situation, Hedlesten Law PC will represent you regardless of your sexual preferences or identity and we will represent you just as fiercely as anyone else.
Get in touch or call us today for tailored legal advice regarding your specific case.
“Mr. Hedlesten was exactly what I needed in a lawyer - he was focused and honest with me. He told me what to expect upfront and there was rarely a time where I was unaware of the process and what was happening. If there were times I was confused or felt worried, James would take my calls or respond to my emails and would set my mind at ease. With family cases being so emotionally charged - you need a lawyer that will take the time to explain the process in a way that is understandable.”
—Linda B.
Houston LGBT Divorce FAQs
Q: What if either wife in a same-sex marriage gave birth to a child, who has custody?
A: The laws about this are unclear. If you or your spouse is pregnant or gave birth during the marriage, it’s important to speak with an experience LGBT attorney to help you understand your options.
Q: How are assets divided in a LGBT divorce?
A: Assets in an LGBT divorce are handled the same as a traditional divorce. Anything you acquired and/or whatever debts you incurred during the marriage is split 50/50.
Q: What is my legal relationship to my SPOUSE'S biological child(ren)?
A: This is the same as a traditional marriage, you’re not automatically given personal rights because you’re married. You must have legally adopted them to obtain rights. Non-relative parents may have a difficult time getting parenting time with the child(ren).
Q: What if we chose not to legally marry, but need advice for dissolution of partnership or cohabitation?
A: Many same-sex couples prior to the Supreme Court ruling chose to not get married. If you need advice regarding legal rights for dissolution of partnership regarding real estate ownership, inheritance rights or insurance, health care directives, etc., please contact us!
Q: Does “common law” marriage or informal marriage affect my divorce?
A: The state of Texas recognizes common law marriage for both traditional and same-sex couples, under §2.401 of the Texas Family Code, Subchapter E, “Marriage without Formalities,” entitled “Proof of Informal Marriage”. Because of this, if you met the requirement for common law marriage before the Supreme Court ruling, the marriage could have existed prior to the ruling. The length of marriage is vital in divorce cases, because it can be used to determine how the assets are divided.