Same-Sex Divorce

Strong Advocate in Resolving Divorce Issues

The lawyers of Clark Law Group understand the legal, financial, and personal difficulties that a person can experience as they end a long-term relationship, and we are dedicated to helping our clients protect their rights during the divorce process. We take a compassionate, caring approach to these situations while also making sure our clients have a strong advocate in their corner as they work to resolve any disputes that may arise. We will make sure you understand the best ways to handle the unique concerns that will affect you and your family, and we will do everything we can to help you achieve the best possible results in your case.

Legal Issues in a Same-Sex Divorce

When a same-sex couple chooses to end their marriage, they will be required to divide their marital property, and one spouse may be eligible to receive spousal support or alimony from the other party. In some cases, these issues may be complicated by disagreements about the date that a couple’s marriage began. Texas recognizes common-law marriage, and this means that a same-sex couple who were together before getting officially married may have been considered to be in a legal relationship as married spouses if they lived together, agreed that they were in a relationship that was equivalent to a marriage, and held themselves out as married to other people.

The issue of common-law marriage may play a role during the property division process, since a couple will need to address ownership of any assets they acquired while they were married. Property that was acquired before the couple was married will not need to be divided. However, any assets that either spouse acquired following the date that a common-law marriage was established will be part of the marital estate, and these assets will need to be divided between the spouses.

Common-law marriage may also affect a spouse’s eligibility for spousal maintenance. This form of support is generally only available if a couple has been married for at least 10 years and if the spouse who is asking for alimony will be unable to support themselves on their own. Even if less than 10 years have passed since the date of a same-sex couple’s marriage, a spouse may be able to receive maintenance if they can show that a relationship that lasted at least 10 years met the requirements to be considered a common-law marriage.

Child custody may be another complicated issue to address in a same-sex divorce. If both partners have adopted a child, or if one parent is a biological parent while the other is an adoptive parent, their case would be handled the same as if they were the child’s biological parent. However, if only one spouse is the biological or adoptive parent of a child, the other spouse may not have parental rights toward the child. However, a couple may still make agreements about how they will handle legal custody of the child and the amount of visitation time the child will spend with each parent going forward.

Contact Our Dallas LGBTQ Divorce Lawyer

At Clark Law Group, we can help you protect your rights when getting divorced from a same-sex partner. We will work with you to resolve any disputes that you may encounter and ensure that you can address property division, child custody, and other related issues successfully. Contact our office today at 469-906-2266. We provide legal help to people and families in the LGBTQ community in Lakewood, Garland, Denton County, Plano, Carrollton, Highland Park, Park Cities, Farmers Branch, McKinney, Collin County, Coppell, North Dallas, Dallas, Lake Highland, Mesquite, Dallas County, Grand Prairie, Irving, University Park, Preston Hollow, Valley Ranch, and Fort Worth.