Same-Sex Divorce: What Every LGBTQ+ Couple Needs to Know

In Obergefell v. Hodges, the Supreme Court legalized same-sex marriage nationwide. It was a historical moment that marked the start of a new era of equality for LGBTQ+ couples in the United States.

In December 2022, the Respect for Marriage Act was passed. This law provided federal protections for same-sex marriages. While the new law does not require states like Texas to issue marriage licenses to same-sex couples, it does force these states to recognize same-sex marriages, even those performed in other states.

Unfortunately, marriage and divorce go hand-in-hand for many couples, and LGBTQ+ couples are no different. Same-sex couples go through the same issues as heterosexual couples, such as communication issues, financial stress, and infidelity. These issues can lead to the decision to divorce.

Unfortunately, when LGBTQ+ couples divorce, they often face additional challenges, such as discrimination or issues related to child custody and property division.

Differences in LGBTQ+ Divorce

Same-sex marriage in Texas is legally no different from heterosexual marriage, and the divorce process is not different either. During a divorce, LGBTQ+ couples must consider spousal support, division of assets, and child custody, just like every other divorcing couple.

However, LGTBQ+ or same-sex couples face some unique situations when filing for divorce. This is why it is important to hire a Houston divorce lawyer who understands these differences and the best way through any issues.

Asset Division Complications

It’s common for LGBTQ+ couples to cohabit before marriage, a trend that’s also present in many straight relationships. However, LGBTQ+ couples may cohabit longer, leading to unique complications during a divorce. Asset division is a significant issue, which can become more complicated when a couple has more time to accumulate shared assets before legally marrying.

Child Custody Issues

Child custody is complex for all couples, but LGBTQ+ couples face unique challenges.  Before a non-biological parent can get custody, they must legally adopt the child. If the non-biological parent did not legally adopt the children before a divorce, they might face unnecessary hurdles when seeking child custody.

If you did not legally adopt your children, try not to worry. The courts will still consider the child’s best interests when deciding custody. Texas family courts generally prefer to keep both parents involved in a child’s life, even in cases where the non-biological parent did not legally adopt the child. However, it is imperative that you have a lawyer on your side fighting for your right to custody and visitation.

Support Issues

If you’re not legally a child’s parent, do you have to pay child support? This is an issue for many LGBTQ+ couples. It’s important to know that if the court does not consider one spouse a legal parent, they may not require that spouse to pay child support. This can create a tremendous financial burden on the biological parent, who may not be able to get the support they need to raise their children.

To avoid these issues, it’s imperative to work with an experienced divorce attorney in Houston who can help you understand your legal options and advocate for your rights when it comes to child support.

How Can a Divorce Attorney Help LGBTQ+ Couples?

Are you looking to avoid complications during the divorce process? Do you want to protect your parenting rights and your assets? An experienced Houston divorce attorney can be invaluable to LGBTQ+ couples who want to get through their divorce efficiently.

An experienced Houston family law attorney can provide guidance on LGBTQ+ divorce laws in Texas, handle child support and custody issues, and navigate complex Texas divorce issues. They will serve as your advocate throughout the divorce process, building a case for custody and support and protecting your future at every turn.

If you are considering divorce, it’s important to consult with an attorney who has experience working with LGBTQ+ clients and who understands the unique challenges that may arise during the divorce process.

Contact Our Houston Divorce Lawyers Today

Regardless of sexual orientation or gender identity, all Texas couples need a law firm to help them navigate the complexities of a divorce and move forward with their lives. If you are a same-sex couple looking for a divorce, consult an experienced Houston divorce attorney at Moving Forward Divorce Lawyers. We know the complications you face in divorcing as a same-sex couple in Texas, and we can help.

Our Texas attorneys can help you navigate these difficult waters and safeguard your future at every turn. Call us at 713-589-4748 or fill out our confidential contact form to learn more about your legal options.

Renae Mundis

Renae is a native of Pennsylvania and the middle child of five girls. She earned her bachelor’s degree in political science from the University of Colorado, Boulder before entering the military as an officer in the Ordnance Corps. After separating from the military, Renae raised her two oldest boys for ten years before returning to the University of Denver where she earned her law degree in 2012. Renae is licensed to practice in the states of Colorado, Kentucky, and Texas. Renae has practiced criminal law as a public defender in Colorado, criminal and family law in her firm in Colorado, and now family law as part of our firm at Moving Forward Divorce Lawyers. When she’s not busy raising her two youngest boys, Renae enjoys jogging, mountain biking, gardening, and boating. Renae is a bit of a foodie and loves to dabble in gourmet cooking. Read more here.