LGBT Divorce Serving Families Throughout McKinney, TX & Surrounding Areas

McKinney LGBT Divorce Lawyer

Providing Divorce Solutions for the LGBT Community in Collin, Denton, & Dallas Counties, TX

Navigating a divorce is a complex process, and for those in the LGBT community, it can present unique challenges. 

At Petitt Family Law in McKinney, we understand these intricacies and are committed to providing sensitive and customized solutions and support throughout the divorce journey. LGBT divorce shares many similarities with divorce among heterosexual couples, but some key differences can add complexity. 

These complexities arise from legal nuances, societal attitudes, and the relatively recent recognition of same-sex marriage rights, as granted by the landmark Supreme Court decision. 

If you are an LGBT spouse searching for ways to resolve your divorce as effectively and efficiently as possible, we urge you to discuss the specifics of your case with Attorney Melody Petitt, who exclusively practices Texas family law and has a strong track record of successful results for Texans throughout the area. 

Book a confidential consultation with our McKinney LGBT divorce attorney. You can reach us online or call us at (469) 716-6893

Common Issues in LGBT Divorce

All divorces must resolve the issues relevant to the couple. These commonly include child custody and support, marital property and debt division, and spousal support (alimony). A common complication in LGBT divorces is the issue of parenthood. 

Determining parental rights can be complex if either spouse is pregnant or gave birth during the marriage. For instance, if a non-biological mother has not legally adopted the child, she may face challenges securing custody or visitation rights. Similarly, if one spouse is the only legal adoptive parent in an LGBT marriage, the other spouse may not have any parental rights unless they prove they acted as a de facto parent.

Another complication arises if the couple were domestic partners before marriage. Some states recognize domestic partnerships or civil unions, but others do not. This discrepancy can impact the division of assets and debts, spousal support, and even the date of separation.

Property ownership before marriage can also complicate LGBT divorces. In some cases, property acquired while the couple was together but before marriage might not be considered marital property. This means it may not be subject to equitable distribution during the divorce proceedings, which could result in perceived inequities.

Debt can be another contentious issue. Like assets, any debts incurred during the marriage are typically split between the parties. However, if one party brought significant debt into the marriage, this might not be considered marital debt and could remain the responsibility of the original debtor. 

Common-Law Marriage

Common-law marriage can add another layer of complexity to LGBT divorce. Common-law marriages are recognized in Texas. This could potentially impact the division of assets, debts, and spousal support, especially if the common-law marriage occurred before the Supreme Court ruling.

Proving a common-law marriage can also be challenging for same-sex couples; proof must include residence in the state, an agreement to be married, and presenting themselves as a married couple in society. When either party disputes the date of the “marriage,” evidence will need to be gathered as to when it occurred. 

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Hear From Our Happy Clients

    "Melody is the attorney who took the bull by the horns."

    You don’t know what you don’t know. However, you do know when something is not working out. With that said, I went through a couple of attorneys before being represented by Melody Petitt and that made all the difference.

    I will start off saying that the divorce process is like a game. And the law is the rule book, which is a constant that does not change. Where the game gets interesting are the players involved, petitioner, respondent and legal team. Every case is unique, yet some attorneys approach the process as if it’s all the same. However, in my case, we were dealing with a high conflict personality; and, it cannot be taken lightly. Unlike my prior attorneys, Melody jumped on my case and took the time to really understand my situation and what we were dealing with. She took the time to educate me on the law and how it applied in my situation, whether it was something I wanted to hear or not. The law is the law. She knew how to deal with the opposing party. Strategy was the key, and she was prepared for anything. She earned my trust and with that trust, she help make this process tolerable. Most importantly, she was able to get my case wrapped up in a timely manner with a desirable outcome. An outcome that would not have been possible otherwise. I highly recommend Melody Petitt.

    - Dai
    "You will not find a better attorney than Melody Petitt!"
    As a single father living in a different state, Melody was knowledgeable about Family Law regarding my specific circumstance. She was personable and well versed in jurisdictional law in Texas and interprets the law similarly to the Court. Melody was respectful of my want to minimize cost but did not cut corners either. Melody and her staff was was communicative throughout the process. You will not find a better attorney than Melody Petitt!
    - Darryl
    "Simply the best lawyer I have ever had."
    Simply the best lawyer I have ever had. I have had the pleasure of having her work on my case for a year. She is full of information and guidance. She is not afraid to tell you if what you think is a bad move and direct you in the right direction. She will not let you down.
    - Anonymous
    "Excellent, professional and knowledgeable staff."
    Excellent, professional and knowledgeable staff. Always ready to serve your family law requests.
    - Ross
    "She was an excellent partner through the whole process."
    Melody handled my case with care & logic. She challenged me when I was leading with emotional rather than logic, and understood when she needed to pull back. She was an excellent partner through the whole process, and I have already recommended her to others.
    - Anonymous
    "Melody and Stacy are a dynamic pair that you can trust to have your best interests in mind always."
    Responsive, efficient, so knowledgeable about the law and what you need to get through the process. Melody and Stacy are a dynamic pair that you can trust to have your best interests in mind always. Love them.
    - Kayti
    "Words can’t express my gratitude, thank you Melody!"
    Custody situations are not fun and as a father, it always seemed like an uphill battle but because of Melody I had not the best legal representation but a group of people who had my back and made sure that my son’s best interest was always THE priority. Melody was relentless in ensuring that the job was done right and successfully. Words can’t express my gratitude, thank you Melody! THANK YOU FOR MAKING THINGS RIGHT!
    - Josh
    "Melody saved my case."
    When Melody took over my case, it was going nowhere, the previous attorney had done nothing for months but allow opposing counsel to stall, allowing my case to become dormant, luckily that attorney left the firm. When Melody took over she immediately began filing motions, requesting documents that previously had been denied. The outcome of my case was not all I’d hoped for, but Melody made sure I was able to maximize and make the best out of a bad situation. She was always honest, forthright, and meticulous in her handling of the case. She even pushed for the firm to credit my account for work that the previous attorney had not completed. If you want integrity, honesty, and hard work, definitely hire Melody Petitt as your counsel.
    - Tomas

Why Choose Petitt Family Law?

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    Work with a dedicated law firm with positive reviews from happy clients.
  • 20+ Years of Experience
    Attorney Melody Petitt has over 2 decades of family law experience.
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