Pearland TX LGBTQ Divorce Lawyer

LGBTQ Divorce: Beyond Love, Toward Resolution

Explore the distinct challenges of LGBTQ couples navigating divorce. Trust the guidance of a Pearland TX LGBTQ divorce lawyer, adept in this evolving field. From property division to child custody, this practice area safeguards the rights and interests of LGBTQ individuals during this emotionally charged journey.

Quick Summary

• LGBTQ divorce is the legal dissolution of marriages or partnerships within the LGBTQ community.
• Texas allows no-fault divorces, but disagreements and a waiting period may arise.
• Settlements often resolve matters before a final trial, with a mandatory 60-day waiting period.
• Common challenges include child-related issues and financial matters.
• Child custody and support in same-sex divorces follow guidelines similar to opposite-sex divorces.
• Property division depends on the state’s approach (community property or equitable distribution).
• Alimony may be sought, subject to legal criteria, with courts considering various factors.
• Property division may only account for years of official marriage, affecting asset distribution.
• Child custody rulings may vary based on biological parentage, but legal adoption can secure rights.

What is an LGBTQ Divorce?

An LGBTQ divorce, also called a same-sex divorce, is a legal process that dissolves a marriage or partnership between individuals who identify as LGBTQ. It shares similarities with heterosexual divorces, including division of assets and debts, spousal and child support, custody arrangements, and visitation rights.

What Are the Grounds for the Dissolution of a Same-Sex Marriage in Texas?

There are various reasons for getting a divorce. Some of these reasons are based on faults, like adultery, cruelty, or abandonment. Fault-based divorces, though, are not commonly used nowadays, except in rare situations or covenant marriages.

All states now allow “no-fault” divorces, where couples can cite “irreconcilable differences” or an “irretrievably broken” marriage without proving a specific reason. Disagreements may still arise in these cases. 

Additionally, many states mandate a waiting or separation period before finalizing the divorce, applicable to both same-sex and heterosexual couples opting for no-fault divorces.

Am I Eligible to File for a Same-Sex Divorce?

Same-sex couples have equal legal rights and responsibilities for divorce as heterosexual couples. In Texas, to initiate a divorce:

Residency Requirement:

• At least one party must have lived in the state for six months before filing. .
• The party filing must have been a resident of the county where they are filing for at least 90 days.

General Divorce Steps:

1. Assess community assets, which may involve high-value and complex assets.
2. Evaluate claims to separate property by either party.
3. Equitably divide both assets and liabilities.

In most cases, divorce matters are resolved through settlement before reaching the final trial.

How Long Does It Take for LGBTQ Couples to Get a Divorce in Texas?

The time required to complete a divorce varies for each couple in Texas. While there’s a mandatory 60-day waiting period before finalization in court, most divorces extend beyond this period. Resolving matters like spousal support, child custody, and property division often takes additional time before reaching a final resolution.

What Are the Most Common Issues LGBTQ Couples Face During Divorce?

In June 2015, the U.S. Supreme Court legalized same-sex marriage nationwide, granting LGBTQ couples the right to marry and, subsequently, to divorce. However, two specific challenges that divorcing LGBTQ couples may face include the following:

• Child-Related Issues

Parental Rights and Adoption:

• In same-sex parenting situations, where one parent is biological and the other is not, the non-biological parent may lack legal parentage.
• Without legal steps like adoption, non-biological parents risk losing custody rights and visitation.
• Biological parents may worry about financial support if their spouse hasn’t legally adopted the child.

Child-Related Issues After Adoption:

• If both spouses legally adopt a child, they’ll still need to address child custody and support matters, much like in a divorce involving opposite-sex parents
• If you reach an agreement outside of court, your attorney can draft it and submit it to the family judge. 
• If there’s no agreement, the judge will make the decision. 

 

• Financial Issues

Property Division:

• Same-sex couples may have accumulated assets and property jointly over years, posing challenges in property division.
• Accumulated assets and property before marriage may have insufficient legal protection, possibly resulting in unequal division.
• Titled property, assets, or debts can affect the distribution of marital assets.

Spousal Support:

• Spousal support, or alimony, is significant in divorce cases, considering factors like income disparities and the duration of the marriage.
• Decisions regarding spousal support are based on various factors, and the duration is often limited to half of the marriage’s length or less.
• LGBTQ couples with marriages lasting eight years or less may face challenges due to these limitations.

Divorcing LGBTQ couples are urged to seek legal counsel to navigate these complexities, ensuring fair outcomes in child-related and financial matters.

Can I Ask for Alimony From My Same-Sex Partner Following a Divorce in Texas?

In a same-sex divorce in Texas, one partner can indeed request alimony, also known as spousal maintenance or support. State laws treat gay and lesbian marriages similarly to traditional marriages, providing the same benefits and rights during divorce proceedings.

In Texas, the court considers various factors when deciding alimony:

• property division, 
• standard of living during the marriage, 
• each spouse’s financial situation, 
• the length of the marriage, and 
• contributions to each other’s career advancements. 

The court may also consider factors such as the duration of cohabitation before marriage, recognizing that same-sex couples may have lived together for an extended period before their legal marriage.

How is Property Divided in an LGBTQ Divorce in Texas?

The division of property depends on whether the state follows community property rules or equitable distribution principles. Community property states split marital assets evenly, while equitable distribution states distribute them based on what the court deems fair. 

It’s important to note that LGBTQ marriages are relatively recent, and the treatment of property division may vary. Some jurisdictions may only consider the years of official marriage, potentially impacting benefits like pensions and debts. Consulting a legal professional is crucial to safeguard your rights and interests in any divorce.

What is the Ruling About Child Custody Following an LGBTQ Divorce?

Is the child biologically related to one of the spouses? In some courts, only the biological parent may be granted custody, while others permit joint custody or visitation rights for the non-biological parent. 

To address this in same-sex divorces, the non-biological parent can legally adopt the child, granting them equal legal rights. Whether both spouses adopt or one adopts while the other is the biological parent, both will have equal legal rights.

 In case of a divorce without a parenting plan agreement, a judge may apply criteria similar to those used in divorces involving opposite-sex couples to determine child custody and support.

Why Do I Need an LGBTQ Divorce Lawyer in Texas?

In Texas, divorce is especially complex for LGBTQ individuals, here’s why you need an attorney:

• Knowledgeable in LGBTQ Divorce: Our LGBTQ divorce lawyer has extensive knowledge of Texas laws, offering tailored guidance for LGBTQ individuals and couples.
• Sensitive to LGBTQ Challenges: Our lawyers understand the specific challenges faced by LGBTQ couples during divorce and provide empathetic support and advice.
• Up-to-Date with Legal Developments: Our experienced LGBTQ divorce attorney stays updated on evolving LGBTQ rights and legal precedents to ensure your case is aligned with the most current standards.
• Advocate for Fair Resolutions: Our lawyer will fight for a just outcome, addressing property division, spousal support, and child custody to protect your best interests.

Prioritizing Your Rights and Interests Following an LGBTQ Divorce in Texas

When facing an LGBTQ divorce in Texas, securing proper legal support is crucial. At Scott M. Brown & Associates, our dedicated Pearland TX LGBTQ divorce lawyer comprehends the unique challenges in this process. 

With our experience in LGBTQ-specific laws and a commitment to fair outcomes, we guide you with compassion and precision. If you seek a lawyer prioritizing your rights and interests, contact us today. 

Contact us today to learn how Scott M. Brown & Associates can provide the right legal representation for your LGBTQ divorce case. Let us help you navigate legal complexities and ensure a smooth resolution. Our law firm can also represent you in Criminal Defense and Personal Injury. Trust us for the best legal support your future deserves.