Wilson Whitaker Rynell

Experienced Lawyers

info@wwrlegal.com

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Same-Sex Divorce in Texas

ATTORNEYS IN DALLAS

Board Certified Dallas divorce attorney helping same-sex couples through divorce.

Same-Sex Divorce

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.

Division of Assets in Same-Sex Divorces

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.

Child Custody and Visitation

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.

Spousal Maintenance

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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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

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.

CLIENT MATTERS


5,000+


YEARS OF SERVICE

 25+

Award Winning

Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.

Expert Team

Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you. 

Quality Representation

You’ll find the support you need to ensure that things run smoothly. We’re here to help with all your legal needs.

Meet Our Team

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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