Same-Sex & LGBTQ Divorce

Collin County Same-Sex Divorce Lawyer

Comprehensive Support for LGBTQ+ Divorce in Plano and Collin County

Divorce between LGBTQ+ couples is a fairly new issue in Texas. This is because same-sex marriages were not legally recognized or permitted in the state until a 2015 United States Supreme Court ruling that legalized them in all states. 

Now Texas same-sex married couples have the same rights and protections as opposite-sex couples. As couples, you also have the same responsibilities when getting divorced. However, you may encounter some unique challenges in your efforts to end your 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 unique legal issues that LGBTQ+ spouses often face. At the Law Office of Brian Bagley, we strive to serve you with compassion and an understanding of your 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.

Contact Our Plano LGBTQ+ Divorce Lawyer for a Personalized Case EvaluationSend Us a Message Today.

Navigating Property and Spousal Support in LGBTQ+ Divorces in Texas

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. This means 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 that 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, a person needs to be recognized as a child's legal parent 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, such as through adoption or a valid surrogacy or donor agreement, that partner could be 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.

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