Same-Sex Divorce
Same-sex divorces have the same legal procedures as opposite-sex divorces, with couples entitled to the same rights regarding property division, child custody, alimony and spousal support.
Following the Obergefall v. Hodges ruling, Texas recognizes same-sex marriages and divorce is allowed regardless of whether the marriage took place in Texas or another state.
Key Considerations for Same-Sex Divorce
Residency Requirements
At least one spouse must have lived in Texas for the last 6 months immediately before filing the divorce petition. In addition, either you or your spouse must have lived in the county of filing for the last 90 days immediately before filing.
These time periods are defined in Texas Family Code §6.301.
Community Property
Texas is a community property state meaning most assets acquired during the marriage are divided equally. If the property was acquired during the marriage, it is considered jointly owned by both spouses and is typically divided 50/50 in a divorce. In a same-sex divorce, community property works the same way as in any other divorce.
What Counts as Community Property?
- Income earned during the marriage
- Businesses started during the marriage
- Homes purchased during the marriage
- Retirement accounts accrued during the marriage
- Debts incurred during the marriage
Child Custody in Same-Sex Divorce
Child custody can be a complicated matter in LGBTQ+ divorces. Although Texas law clarifies neither a parent’s gender or their marital status can be used as a basis for discrimination in child custody cases, a person needs to be recognized as a child’s legal parent to pursue custody. Unlike heterosexual couples, there is no automatic legal presumption of parentage for both partners regarding children born during the marriage.
Jeff Anderson has many years of experience handling complexities in LGBTQ+ divorces including, property division, property disputes, property enforcements and child custody. If you are in a same-sex marriage that is ending and you would like to know more about who has what rights and obligations relating to minor children, please give us a call at our Frisco or Dallas locations or contact us here.