LGBTQ/Same Sex Divorce

Divorce is never easy, but when it involves a same sex couple, there are special considerations to be made.

Regardless of the situation, divorce is always an emotional and stressful time for the couple involved. The same holds true when the divorce involves a same-sex couple, but in these circumstances, there are even more issues to consider that could make the process much more complex. If you are going through a same-sex divorce, our League City family lawyers can help.

Same-Sex Divorces in Texas

The process for divorcing in Texas remains largely the same whether the case involves a same-sex couple or a heterosexual couple. One spouse simply has to state that there has been a breakdown of the marital relationship, and that there is very little chance of reconciliation. The couple’s marital assets will be divided, and an alimony order may be issued to one spouse.

Still, the divorce process has the potential to become much more complicated for same-sex couples, particularly when they are trying to file on their own. Although there are many forms available for couples that want to divorce on their own, there are not currently forms for same-sex couples that have children and wish to divorce.

Unique Issues in Same-Sex Divorces

Although the legal process is largely similar for same-sex divorces as it is in cases involving a heterosexual couple, there are unique issues involved. These include:

• The length of marriage: Typically, in divorce cases, the length of the marriage plays an important role in certain proceedings. For example, a judge will consider the length of the marriage when making decisions on alimony matters. However, same-sex marriage has only been legal in Texas since June of 2015. Before this time, many same-sex couples cohabitated without making their relationship official. As such, the length of the marriage is not always considered in same-sex divorce cases.
• Child custody issues: Disputes surrounding child custody issues are some of the most complex in any divorce, but this is particularly true when the case involves a same-sex couple. It is common in these relationships for only one spouse to be the adopted or biological parent of the children involved in the marriage. This can quickly complicate child custody issues and make it much more difficult for the parent that does not have a legal relationship with the children.

These complex issues are very difficult to work through, but a Texas family lawyer can help you navigate them.

Call Our Texas Family Lawyers for Help with Your Case

All divorce cases have the potential to become complex, but cases involving a same-sex couple have their own unique issues. If you are in an LGBTQ marriage and now want a divorce, our League City family lawyers at Musemeche Law, P.C. are here to help with your case. Call us today at (281) 475-4145 or contact us online to schedule a meeting with one of our skilled attorneys.