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Same-Sex Divorce

Dallas Attorneys Representing Individuals Marital Dissolution Matters

The U.S. Supreme Court’s 2015 ruling that state bans on same-sex marriages were unconstitutional granted same-sex couples the right to marry throughout the nation, and the right to have their marriages recognized in every state. It is an unfortunate reality, however, that many marriages end in divorce, and same-sex marriages are no exception. While many of the issues that arise in a same-sex divorce, such as dividing real estate, are the same as those in a divorce involving spouses of the opposite sex, there are some additional concerns a same-sex couple may have to consider during the divorce process. If you are in a same-sex marriage and want to file for a divorce, it is wise to speak with legal counsel proficient in handling same-sex divorces to help you protect your rights. At the McClure Law Group, our Dallas divorce lawyers are mindful of the additional factors that must be considered in same-sex divorce and will diligently advocate for your best interests.

Date of Marriage

A common issue that arises in same-sex divorce cases is establishing when the marriage began. If the parties were married or in a legal relationship in another state prior to 2015 or entered into a common law marriage, it will be necessary to document when the marriage began for purposes of determining how to divide assets and whether any spousal maintenance should be awarded.

Division of Assets

Under Texas law, for the purposes of divorce, property is defined as either separate or community. Any property acquired during the marriage by either spouse is considered community property unless proven otherwise. Property obtained by either spouse prior to the marriage or obtained via a descent, devise or gift during the marriage is regarded as separate property. Additionally, property can be deemed separate via a pre-marital or post-nuptial agreement. The party arguing that property is separate must prove the nature of the property by clear and convincing evidence. In cases involving same-sex marriage, issues may arise in evaluating the nature of property the parties acquired jointly prior to marriage. If you are seeking a same-sex divorce, a skilled divorce attorney can help you assess how any property you obtained before or after your marriage may be characterized and distributed.

Child Conservatorship and Visitation

Many married same-sex couples have children born before or after the couple married, but often only one spouse is listed as a parent on the child's birth certificate or is legally considered the parent. Thus, it is critical for any person seeking a same-sex divorce to determine if it is necessary to formalize the adoption of any child he or she parented together with his or her estranged spouse to legally establish parental rights and obligations. It is also important to have both parents’ names on the child’s birth certificate to avoid any confusion during the divorce as to either party’s parental rights. Establishing the legal status of each parent will aid in the process of seeking visitation and conservatorship and establishing child support.

Spousal Maintenance

Texas has strict laws regarding eligibility for spousal maintenance. The party seeking maintenance must show that the parties have been married for 10 or more years and that he or she cannot support himself or herself. Additionally, a party may receive maintenance if his or her spouse was convicted of domestic violence within two years of the filing of the divorce action.

Speak with a Trusted Divorce Lawyer in Dallas

While parties weighing whether to pursue a same-sex divorce face the same emotional, financial, and legal ramifications of a couple seeking an opposite-sex divorce, same-sex divorces often involve additional issues and considerations not present in traditional divorce cases. If you or your spouse intends to seek a same-sex divorce, it is advisable to speak with an experienced divorce attorney regarding your case. At the McClure Law Group, we will work diligently to help you protect your rights and to obtain a divorce as effortlessly as possible. We also represent individuals in family law disputes in cities throughout Dallas, Denton, Grayson, Tarrant, Collin, and Rockwall Counties. You can reach us at 214.692.8200 or through our online form to schedule a meeting.

Client Reviews
"McClure Law Group was very professional and responsive. They listened to my concerns and desires as it pertains to the service requested and I'm very pleased." Jade Nguyen
"Kelly and her team are always a pleasure to work with, and their work product always exceeds one’s expectations." George Tamke
"When I most needed professional, good quality responses McClure Law Group was there. Thank you for the service that I have received from everyone!" Norma Charles
"McClure Law Group’s team is very responsive! I have very much appreciated their communication. They are always on top of what is happening and return my calls or emails quickly." Brie Cherry
"Kelly McClure has been representing me for the past several years and has been an amazing advocate, confidant and sounding board. She is always available by phone, even when she is on vacation. She has answered my questions on weekends and always given me an honest opinion. I highly recommend this group to anyone." Heather Bell
"The McClure Law Group helped me through a very difficult divorce and they definitely had my back every step of the way. I couldn’t recommend the team enough!" Shell A.
"I could not be happier to have had McClure Law. I truly appreciate their accessibility and patience. I can tell they are very knowledgeable, and I trust their guidance. I am SO thankful I went with great lawyers to handle my family case." Victor Lollar
"Kelly is detailed oriented and she truly cares about her clients. Her knowledge of the laws and her ability to get a case resolved make her stand far above others. I highly recommend McClure for your family law needs!" Peter Morgan