Same Sex Divorce In Texas
Gay Divorce Texas
Same-sex marriage is legal nationwide, and that means that couples in such unions also have the same rights as heterosexual couples when it comes to divorce. Just like all other divorces, same-sex divorce is emotionally and financially draining for couples. That is why you need an experienced LGBTQ same-sex divorce lawyer in Austin that is compassionate and offers vigilant representation.
You need a lawyer that will fight for your interests throughout the divorce process.
What Are The Basics Of LGBTQ Divorce?
Same Sex Texas
Same-sex couples enjoy the same rights that traditional couples enjoy through marriage and divorce. That means that during an LGBTQ divorce the following happens:
- Division of community property between the divorcing couple
- Possibility of spousal support
- Child custody and child support is decided
- The noncustodial parent was ordered to pay child support
These issues are often emotionally charged making them challenging and difficult to resolve. But an experienced LGBTQ divorce lawyer can guide you through the process.
No-fault And Fault-Based Divorce In Texas
Texas Law On Gay Marriage
You do not need to prove “fault” to get a divorce in Texas. A spouse can simply file for divorce because they believe they have irreconcilable differences with the other spouse. You need to provide evidence if you decide to file for divorce on certain grounds in Texas.
Some of the grounds for divorce include:
- Commitment to a mental hospital
- Felony conviction
- Separation for three or more years
Divorce based on grounds is referred to as a fault-based divorce. Filing for divorce on fault-based grounds may give your certain advantages based on the circumstances of your divorce. But since you need to provide evidence, fault-based divorces take longer than no-fault divorces.
Residency Requirements For Divorce In Texas
Gay Marriage Law In Texas
Just like traditional marriages, same-sex couples can only file for divorce in Texas if they meet the following requirements:
- They must have lived in Texas for 6 months before filing
- Either of the spouses must have lived in the country where they want to file for divorce for 90 days before they file
However, people that have been absent because they were performing public service such as military service, do not have to fulfill all the civilian residency requirements to file for divorce in Texas
How Long Does It Take To Finalize LGBTQ Divorce?
The divorce cannot take less than 60 days from the day you filed unless there is domestic violence involved. The process can take a few months to complete but that depends on the circumstances around your divorce. The soonest you can get your divorce finalized is on the 61st day after you filed for divorce.
Child Custody And Visitation
Texas Same Sex Marriage Law
Child custody and visitation is different compared to straight couples. One reason is that either both of the same-sex spouse is the adoptive parent of the child or only one of them is the biological parent. If both parents are adoptive parents, then the court will probably approve the arrangements the parents come up with for child custody and child support.
But if only one of the parents is biological, then the court is likely to award custody to the biological parent of the child.