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.
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.
Work with a Firm That Stays Current on the Issues
While the legal landscape for LGBT divorce has dramatically improved with marriage equality, many potential complexities can arise. At Petitt Family Law, we’re dedicated to navigating these challenges with our clients.
Because our attorney practices Texas family law exclusively, our firm stays current on the court rulings that can affect your case.
We understand that every situation is unique and that LGBT couples require tailored legal guidance to navigate the complexities of LGBT divorce. We aim to help you through your divorce journey with skilled counsel and the human support needed to get you through to the other side with dignity and grace.
Contact us or call 469-361-2606 to schedule a consultation with our divorce modification lawyers today.