Since 2015 when same-sex marriage was legalized throughout the United States, LGBTQ couples have enjoyed the same benefits, rights, and protections as opposite-sex couples in the state of Texas. This also means that they have the same responsibilities during a divorce as well. However, there are certain unique circumstances with same-sex divorces that must be considered during the divorce process. 

Same-Sex Divorce in Texas

Spousal Support - If one of the spouses in the divorce would potentially qualify for spousal maintenance, also known as spousal support or alimony, there could be some question as to the length of your marriage. This is especially important, as marriage length is a factor to determine how much support the spouse may receive and for how long. The question of the length of a same-sex marriage could be complicated by a few factors. Perhaps you were married in another state which recognized same-sex marriage before the federal ruling, before moving to Texas. You may have also lived together in a lengthy partnership before same-sex marriage was legal. The factors may be taken into account by the judge when ruling on spousal maintenance, and an experienced divorce attorney can help build your case.  

Division of Martial Property - Similar to spousal maintenance, the potential for varying interpretations of marriage length can impact the division of marital property in a same-sex marriage. The accumulation of joint property may predate your legal marriage, but it could be argued that you have a claim to the property due to your relationship situation.  

In many marriages, both spouses are aware that their marriage has reached an end and the only solution is to file for divorce. There are, however, some spouses who are blindsided when they are served with a petition for divorce. If your spouse has surprised you with divorce papers, it is imperative to contact a divorce attorney immediately to ensure that your marital rights are protected. This is especially true if your spouse has less than honest intentions of surprising you with the divorce.

Hiding Assets from Spouses

According to national statistics, approximately two of every three marriages experience issues with hidden assets. If your spouse decides to file for divorce first, it gives them the advantage of time in which they may attempt to conceal property. Though there is very little actual advantage in filing first, some spouses do use the element of surprise in hiding assets, or in trying to do what is referred to as “conflicting out.” This is when a spouse meets with all the divorce attorneys in a certain area in order to establish an attorney-client relationship, thus leaving the other spouse with no available attorney to engage.

The most important thing you can possibly do if served divorce papers out of the blue is to seek any and all household information and make sure you have it on hand. Making copies of things like tax returns, insurance policies, bank statements and similar documents can go a long way in helping ensure you your fair share of the marital estate.  

There are many couples who go through a divorce who battle over everything from child custody to who gets the silverware. The divorce is so contentious that the couple cannot agree on anything, dragging out the process and leaving a judge to figure out who gets what. But more and more divorcing couples are able to work together and come up with an amicable, negotiated divorce settlement. This alternative dispute resolution usually means the process goes much quicker and is much more cost-effective since attorney fees are usually at a minimum.

Parties Who Can Benefit from Collaborative Divorce

The people who can most benefit from mediation or other alternative dispute resolution are those that can still have a civil relationship. This type of divorce involves working together without the benefit of a judicial referee. Consequently, spouses need to be able to sit down at a table together and speak rationally enough to come to an agreement.

Mediation involves the couple making the commitment to communicate, negotiate, and work together in reaching a mutual agreement that both spouses will benefit from. This collaboration is not only better for the divorce process, but if the couple has children, it is also a good foundation to establish for co-parenting.

 Dividing up the assets of the marriage is one of the most important tasks that the parties have in a divorce. It also happens to be one of the most complicated. In Texas, judges use the community property standard. This means that all property and assets the couple own are owned equally, regardless of which spouse earns the income.

Although the assets are divided in a 50/50 split, all of the assets need to be valued. Other factors the judge may consider when determining alimony and asset division include how much each spouse’s income is, how much each spouse contributed to the marriage, what their standard of living was, and what each spouse’s future earning potential is.

Valuing Assets

In order for the judge to make these decisions about property division accurately, they must know what all the different property is worth. In many cases, this is a simple enough process. Valuing a bank account is as simple as looking at the balance sheet. Even something like a car is easy enough to value. Cars are bought and sold often enough that determining the fair market value of the car is mostly about research. There are other assets that are tougher to value. These include unique assets, and assets that have rapidly shifting values.

Asset division can often become fairly contentious in a Texas divorce. Texas follows a community property division system, which means that everything the couple owns is split 50/50, regardless of the circumstances of the divorce.

However, many couples have property that go beyond just the financial value, but instead hold significant sentimental value, such as a piece of art or jewelry. How do the courts address these types of asset division issues and how can you and your spouse avoid a drawn-out fight over who gets to retain the item?

Item Details

The little details about the item can make a difference. For example, the date, or approximate date, of acquisition can often decide who actually has ownership of the item. If you or your spouse acquired the item before your marriage, it is your (or their) property, with no obligation to share or commingle.