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What To Consider In A Same-Sex Divorce

Same-sex couples face most of the same issues and concerns that heterosexual couples face in divorce. Property division, alimony, child custody and child support are still likely the issues at the forefront of the split.

Our family law attorneys at Angela Faye Brown & Associates work with individuals in Houston, Austin and throughout Texas facing same-sex divorces. At our firm, we know that coming to terms with the end of any marriage is emotional and complex. We will help you understand what comes next while pursuing your goals.

Dividing Shared Property And Assets

Texas is a community property state, meaning that the state seeks to divide marital property and assets as evenly as possible. Separate property refers only to property owned prior to the marriage or acquired by one spouse during the marriage as part of a gift, an inheritance or a personal injury settlement. The state considers everything else acquired during the marriage to be community property, including the marital home, cars, income and retirement accounts.

Dividing property can become complicated by the complexity of the property involved, including when either spouse is a business owner or there is significant separate property. Courts require spouses to prove which property is separate, so it is important to understand what documentation you may need to assert this.

Awarding Or Denying Spousal Maintenance

Contrary to popular belief, spousal maintenance, or alimony, is not a guarantee in every Texas divorce. There are essentially two ways to seek spousal maintenance in a divorce:

  1. You have been married for at least 10 years and the spouse requesting maintenance is unable to sufficiently support themselves financially.
  2. One of the spouses was convicted of domestic violence within the two years leading up to the divorce.

If the court awards spousal maintenance, the length of time will depend on the circumstances but typically does not last beyond a few years. Whether you are seeking maintenance or fighting against it, we can help you understand your rights.

Understanding Child Custody And Child Support

Just like any other divorce, child custody and child support are determined using the same processes. However, if one spouse is not legally recognized as a parent of the child, the child’s parentage may need to be established prior to determining child custody and child support. This could be the case if one spouse is not the biological parent of the child or if one spouse has not formally adopted the child.

We can advise you on the steps to take based on your unique situation. If you need assistance navigating the adoption process prior to seeking child custody, we can provide the dedicated guidance you need. We strongly believe in protecting parent-child relationships and will fight for your access to your child.

Learn How Our Team Can Assist You

While same-sex or LGBTQ divorces may not differ much from heterosexual divorces, any divorce can quickly become complicated. Working with an experienced divorce attorney from the start can help you understand and pursue your priorities. Contact our legal team in Houston to learn how we can assist with your situation. Call us at 281-975-0307 or send us a message through our online contact form.