FAQsWhat’s The LGBTQ+ Divorce Process Like In Texas?

Generally, the same concerns that involve family law also apply to same-sex family law. However, same-sex partners do not have all the legal protections that husbands and wives do. Marriage of opposite- and same-sex couples requires a commitment that affects all areas of your life, long after a divorce or separation. When thinking about such partnerships and possible legal contracts, it is a good idea to have a qualified lawyer draft them for you.

How do you know if you can file for divorce? LGBTQ+ divorces, like opposite-sex divorces, have a couple of important requirements. You are eligible to file for divorce in Texas if:

• You or your spouse resided in Texas for the last 6 months
• You’ve resided in the county you’re filing in for the last 90 day

Fault vs. No-Fault

You also need to decide if you want to file a fault or no-fault divorce. While the filing fee is the same, this decision could change the proceedings of your divorce drastically. A fault divorce labels one of the spouses at fault (abuse, abandonment, cruelty, infidelity, etc.) and can affect anything from the length of the divorce to child custody agreements.

Common-law marriages are the main gray area that same-sex divorces can struggle with. While all states are legally required to recognize same-sex marriages, common-law marriages are slightly different. If you entered into a common-law marriage, a divorce gets a little trickier. You will have to prove several things:

• That you and your partner agreed to get married
• That you are not married to anyone else
• You were both at least 18 years of age at the time of marriage
• You demonstrated that you were married to others
• You lived in Texas as a married couple

Since Texas is a community property state, both spouses could own property if it was acquired during the marriage. Knowing the exact date of the start of your common-law marriage could help settle any disputes.