Same Sex Divorce Attorney In Texas
Same Sex Divorce Lawyer In TX
The Supreme Court decision in June 2015 to give same-sex couples an equal right to marry also gave these couples the right to divorce. Just like heterosexual couples, divorced same-sex couples have rights after a divorce including child support, spousal support, child custody, property division, and so on. Same-sex couples in common-law marriages also have these rights.
Seek legal advice if you are thinking of filing for a divorce or if your spouse has already filed for divorce.
Divorce Is A Complex Process
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Divorce is never easy for the parties involved even if it is uncontested. This is not just because of the overwhelming emotions that come after a relationship ends but also all the complex processes that you have to go through to finalize your divorce. An experienced LGBTQ and same sex divorce attorney can help you whether your divorce is contested or uncontested.
Your lawyer understands the law as it pertains to same-sex divorce and can help you protect your rights. Skilled lawyers adopt a proactive approach and pursue every available option to ensure you get the most acceptable outcome in your unique circumstances.
What Are The Grounds For Same-Sex Divorce?
Same Sex Divorce In Texas
The Texas Family Code Chapter 6 lists the following grounds of divorce:
- Proven adultery
- Insupportability
- Alcohol or drug abuse
- Committing felony or imprisonment for a year or more
- Abandonment for more than one year
- Confinement to a mental hospital
These grounds for divorce also apply to heterosexual marriages.
Child Custody In Same-Sex Divorce
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Where one of the spouses is the biological parent or the child and the other spouse adopted the child, the judge may award joint custody or sole custody. This applies if both parents adopted the child. Joint custody is where the child lives with one parent in a primary residence while the other parent has visitation rights.
Sole custody involves one parent having exclusive rights to make decisions concerning the child. Both parents may be ordered by the judge to attend parenting classes to minimize conflict or stress.
What About Child Support?
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Both or just one of the parents can be ordered to provide child support. The parent providing child support provides this support as long as the following factors remain true:
- The child is under 18 years of age or is still in high school
- The child has a disability at any age
- The child is not dead or is not married
To calculate the amount a parent has to pay for child support, the net income and other resources of the paying parent will be considered.
Do You Have To Pay Spousal Support?
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Spousal support or alimony is only awarded if one spouse needs financial assistance and the other spouse is able to pay. A judge is more likely to award spousal support if the marriage lasted for a long time. This may become complicated if the couple’s relationship had lasted for a decade before same-sex marriage was legalized. You may obtain alimony if:
- You have a disability and are not able to provide for yourself
- You have been married for more than ten years
- You cannot find a job because of health issues or you are too old
- You have to take care of a child with special needs