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How Does Same-Sex Divorce Work in Texas? 

 Posted on November 16, 2022 in Divorce

Parker County Divorce LawyerOn June 26, 2015, same-sex marriage was legalized across the United States.  This means that same-sex couples who were married in a state that recognized their union are now able to get divorced in any state, including Texas.

Before 2015, things were a bit more complicated for same-sex couples who wanted to end their marriage. Some states did not recognize same-sex marriage, so these couples had to travel to a state that did in order to get married. This made getting divorced more complicated, as the couple would then have to return to the state where they were married in order to dissolve their union.

Now, same-sex couples can get married and divorced in any state. The divorce process is largely the same as it is for heterosexual couples. However, same-sex couples may still encounter legal and financial challenges when ending their marriages. If you are a same-sex couple who is considering getting divorced, it is important to seek out the help of an experienced family law attorney. 

Divorce for Homosexual Couples in Texas

Same-sex couples have the same rights and responsibilities during divorce that heterosexual couples have. To get divorced in Texas, at least one of the spouses must have lived in Texas for at least six months and the county where you intend to file for at least 90 days. 

There are fault-based and no-fault grounds for divorce in Texas. In a fault-based divorce, one spouse asserts that abandonment, infidelity, or other marital misconduct ended the marriage. In a no-fault divorce, the grounds for divorce are "irreconcilable differences." This means that the marriage is not working and there is no hope for reconciliation. 

Same-sex couples will need to address several important issues during the split. Some couples can reach an agreement about these issues outside of court while others require court intervention. 

  • Asset division - Divorcing spouses will need to divide marital or shared assets and debts. This includes property, savings accounts, retirement accounts, and more.

  • Child custody - If the couple has children, they will need to determine the specifics of "conservatorship," or decision-making authority regarding the children, and "possession," or who will have physical custody of the children. 

  • Alimony - One spouse may be required to pay alimony, or spousal support, to the other. The amount and duration of alimony payments will depend on several factors, including each spouse's income, earning potential, and ability to support him or herself.

  • Child support - In Texas, child support payments are based on the income of the paying parent and the number of children requiring support. For example, if a couple has three children together, the parent would pay 30 percent of his or her net income. 

Contact our Palo Pinto Divorce Lawyer for Same-Sex Couples

Parker County divorce attorney Kary Key has extensive experience in divorce, property division, alimony, child custody, and other family law matters. She can provide trustworthy guidance throughout your divorce. Call The Law Offices of Kary L. Key at 817-599-6969 for a consultation. 



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