In 2015, the US Supreme Court granted same-sex couples the right to marry and have their marriages recognized across all 50 states. Just like any marriage, many same-sex marriages end in divorce. These divorcing spouses face many of the same issues during divorce proceedings, such as dividing their assets and real estate, but there are some additional concerns same-sex spouses may face.
One of the common issues that arises is determining when the marriage began. If the couple was married before 2015 or had entered into a common law marriage, it will be crucial to pin point when the marriage began. This is for the purposes of dividing assets and determining if spousal support should be awarded.
According to Texas law, property is categorized as separate or community for the purpose of divorce. Community property includes any property acquired during the marriage by either spouse, unless proven otherwise. Separate property refers to property obtained by either spouse before the marriage, or via inheritance, bequest, or gift during the marriage. Separation of property can also be determined through a pre-marital or post-nuptial agreement. The party claiming that property is separate must provide clear and convincing evidence to prove its nature. In same-sex marriage cases, issues may arise in determining the nature of property acquired jointly prior to marriage. If you are looking for a same-sex divorce, a competent divorce attorney can help you determine how any property you acquired before or after marriage may be characterized and distributed.
For many same-sex couples, they have children either born before or after getting married, but in some cases, only one spouse is legally recognized as the parent on the child's birth certificate. Hence, when seeking a same-sex divorce, it becomes crucial to determine whether there is a need to formalize the adoption of any child that both spouses parented together, to establish their parental rights and responsibilities legally. Additionally, to avoid any confusion regarding parental rights during the divorce proceedings, it's important to have both parents' names on the child's birth certificate. This legal recognition of each parent's status will simplify the process of obtaining visitation rights, conservatorship, and child support.
In Texas, the criteria for qualifying for spousal maintenance are quite stringent. To be eligible for maintenance, the requesting party must demonstrate that they were married for ten or more years and that they are unable to support themselves financially. Furthermore, spousal maintenance may be granted if the other spouse was convicted of domestic violence within two years of the divorce action being filed.
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In order to best prepare yourself during the divorce process, it is vital that you have a
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Although the emotional, financial, and legal consequences of seeking a divorce apply equally to same-sex and opposite-sex couples, same-sex divorce proceedings usually involve additional complexities and factors that are not present in traditional divorces. The attorneys at Wilson Whitaker Rynell are committed to assisting you in protecting your rights and achieving a stress-free divorce process. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
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