Divorce can be challenging. For many gay couples, navigating a divorce can be confusing and overwhelming at times. After all, relatively few cases of this kind exist thus far, making these more recently established laws unclear to many. You’ll likely need a caring, experienced LGBT divorce lawyer to assist you with the following issues that may surface during your same-sex divorce.
Division of Assets During Same-Sex Divorce in Texas
Determining the character of assets and dividing property in divorce can often be problematic, but it can be even more complicated in same-sex divorce cases. Before the marriage legalization in 2015, many gay couples created common-law unions or married in States that permitted same-sex marriages at the time. Some proceeded to marry once they legally could, while others remained in their common law marriages.
Herein lies the issue: the actual date of marriage is often quite difficult to determine in these cases. If a lesbian, gay, bisexual, or transgender couple organized a common law marriage in 2007 and later married in 2015, then it can be difficult to pinpoint the year in which they were technically united.
Identifying the official commencement of marriage certainly matters in same-sex divorce because that date indicates explicitly when community property begins to accumulate. This complication is precisely why you need a same-sex lawyer in Houston if you’re hoping for a fair division of property.
Child Custody in Same-Sex Divorce in Texas
Perhaps the most sensitive and complex concern in same-sex divorce is children. In conventional divorces parent-child issues are often the most difficult to deal with. The same is true in same-sex divorces involving children. While same-sex divorces involving children are subject to the same rules and statutes governing any other parent-child case these cases can present unique facts and circumstances that can make these cases significantly more complex.
Same-sex divorce cases will present unique issues concerning the rights granted to each parent, the periods of possession of the children granted to each parent, and the payment of child support between the parties. These issues can become more complicated when one spouse is the biological parent of the child. These unique circumstances make it essential to discuss your particular needs and circumstances with local same-sex divorce lawyers before you file for divorce in Houston.
Standing for Right
We’ve come a long way since June 26, 2015, when the Supreme Court ruled that the U.S. Constitution itself affirmed rights to same-sex marriages. Though challenges still arise, lesbian, gay, bisexual, or transgender couples continue gaining legal rights and recognitions that were previously not available. The Moffett Law Firm is committed to helping families navigate the unique complexities these cases present and seek solutions concerning divorce rights for lesbian, gay, bisexual, and transgender partners.
If you’re facing same-sex divorce in Texas, reach out to the Moffett Law Firm today. We’re experienced Houston-based divorce attorneys who will guide you through this complex legal situation. Your rights matter, and they matter to us.