Collin County Same-Sex Divorce Lawyer

Attorney for LGBTQ+ Families in Plano, TX and Surrounding Areas

Divorce between LGBTQ+ couples is a fairly new issue in Texas, as same-sex marriages were not legally recognized or permitted in the state until a 2015 United States Supreme Court ruling that made them legal in all states. Now, same-sex married couples in Texas have the same rights and protections as opposite-sex couples, and this also means that they have the same responsibilities when getting divorced. However, they may encounter some unique challenges in their efforts to end their marriage and reach a fair divorce resolution.

If you are going through a same-sex divorce, it can be extremely beneficial to work with an attorney who understands the legal issues that LGBTQ+ spouses often face. At the Law Office of Brian Bagley, we strive to serve our clients with compassion and understanding for their personal needs and priorities. You can rely on our 10 years of Texas family law experience as we advise and represent you throughout your case.

Property Division and Spousal Support in a Texas Same-Sex Divorce

One of the most important matters that all divorcing couples in Texas must resolve is the division of marital property. According to Texas law, most assets acquired by either spouse during the marriage are community property, meaning that both partners have an ownership interest and can make a claim to the property during the divorce process. However, determining the date of marriage can be complicated for same-sex couples in Texas.

You may have lived together with your partner in a marriage-like relationship for many years before being allowed to legally marry, during which time you may have accumulated significant property with your partner. Or, you may have been legally married in another state before moving to Texas at a time when same-sex marriages were not legally recognized. An attorney can help you work through these complications to determine which assets you may have a right to in your divorce.

If spousal maintenance is a factor in your divorce, the length of your marriage can also be a determinant in both the amount and duration of the support order. As with questions of community property, your attorney can help you make the case that you have been in a marital relationship for a sufficient time to qualify for the financial support you may need after your marriage ends.

Child Custody for LGBTQ+ Parents in Texas

Custody of minor children can also be a complicated issue in LGBTQ+ divorce cases. Though Texas law clarifies that neither a parent's sex nor their marital status can be used as a basis for discrimination in custody cases, it is important for a person to be recognized as a child's legal parent in order for them to pursue custody. When same-sex partners raise a child together, it is not uncommon for one of them to be the child's biological parent and have legally recognized parental rights. However, if the other partner has not taken steps to establish parentage, perhaps through adoption or a valid surrogacy or donor agreement, they could find themself at a disadvantage in decisions regarding conservatorship and possession of the child.

An attorney may be able to help you secure parental rights to your child and ensure that they are recognized and protected throughout the divorce process. If you have not been legally recognized as the child's parent by the time of your divorce, your attorney can help you determine whether you may have other grounds for filing for custody, perhaps based on your past living and care arrangements with the child.

Contact a Texas Same-Sex Divorce Attorney

We can work with you to review your same-sex divorce case, identify all of the important issues at hand, and make a plan to address them. For a free consultation, contact our office at 972-422-2424 today. We represent clients in Dallas County, Collin County, Tarrant County, and Denton County, including Sachse, Parker, Murphy, Lucas, Plano, Wylie, and the surrounding areas.