Gay Divorce in Texas

 Posted on June 05, 2024 in Divorce

While signs that read “Love is Love” and advocating for same-sex marriage were fighting for all people to have the right to be legally married regardless of sexual orientation, there was also another area of law that would be newly opened to the LGBTQ+ community. Once the state of Texas legalized same-sex marriage in 2015, it meant that the field of divorce needed to be expanded to accommodate same-sex couples as well. While gay divorce is in large part quite similar to straight divorce, with a lot of the same issues needing to be worked out in a settlement, there are some aspects that make it stand apart. If you and your spouse are thinking about getting divorced, speak with a qualified Parker County, TX family law attorney to understand what is involved and how to get the process started.

Similarities Between Gay and Straight Divorce

Gay couples have to meet the same conditions for getting a divorce in Texas as straight couples.

• Residency requirements: For a couple to qualify for a divorce in Texas, at least one spouse needs to have lived in Texas for half a year. They also need to have resided in the county where they plan on filing for divorce for at least 90 days before filing.
• Grounds for divorce: Like all couples in Texas, gay couples must opt for a fault-based or no-fault divorce. 
• Divorce settlement: Any divorced couple needs to have a settlement that details how things like asset division, spousal support, division of debt, alimony, child custody, and child support will be arranged once the marriage is over. Some couples can independently draft an agreement for court approval, others require mediation, and others require litigation.

Differences Between Gay and Straight Divorce

Most of the ways that divorce between a gay couple can differ from divorce for a straight couple tend to center around children and questions of custody. Due to the nature of gay couples and the role that biology and anatomy play, there are some common ways gay couples tend to have children. Of course, there are many other ways that can be explored further, but this article will focus on the following: a couple with two men having a child through adoption and a couple with two women having a child through pregnancy. In either case, questions can arise about custody. When there are two women, there is no clear paternity, and when two men adopt a child, there is no legally established mother. Does the sperm donor or the woman who carried the gay couple’s baby have any parental claims as the person responsible for the child’s genetic composition? When the couple consists of two women, one of whom conceived a baby with sperm that was donated, does the woman also have parental claims to the child after a divorce? These are complicated issues that might come up, which is why it is best to find legal representation you can trust and feel confident with.

Contact a Palo Pinto, TX Gay Divorce Attorney

If you and your spouse are considering divorce, speak with a skilled Parker County, TX divorce lawyer. At The Law Offices of Kary L. Key, our passion is guiding families through life’s changes. Call us at 817-599-6969 so we can begin offering you guidance as well.