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.
Hear From Our Happy Clients
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"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
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"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
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"Melody is a great family lawyer."Melody and the firm’s staff gave us excellent assistance in our successful effort to gain custodial control of our grandson. She guided us through the process, timely filed all documents and gave us great representation in the court proceedings.- Steven
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"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
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"Amazing results. My only regret is not hiring her initially several years ago."
Melody exemplifies everything that I needed in an attorney. She followed through on every aspect of what she said she would do. Along the way, she always kept my interests in mind when following up with the courts and giving me closure. All this in just a few short weeks before closing out the 2020 year during a pandemic.
In my previous experiences, I’ve always had to chase down my attorney or come up with the solutions on my own. Melody was the exact opposite of that. Replies were very timely, and she came up with solutions prior to discussing with me with any setbacks that would come up.
My only regret is not hiring her initially several years ago.
- Anonymous -
"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
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"Excellent, professional and knowledgeable staff."Excellent, professional and knowledgeable staff. Always ready to serve your family law requests.- Ross
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"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
Why Choose Petitt Family Law?
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Hundreds of Satisfied ClientsWork with a dedicated law firm with positive reviews from happy clients.
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20+ Years of ExperienceAttorney Melody Petitt has over 2 decades of family law experience.
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Start with a Quick & Easy ConsultMeet with Petitt Family Law during a virtual consultation!
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Family Law Is All We DoOur law firm focuses all of our practice on family law.