Three Things to Know About Same-Sex Divorce in Collin County, TX 

 Posted on February 22, 2022 in Divorce

The Supreme Court ruling of Obergefell v. Hodges was a manifestation of a sea of change in American cultural attitudes towards the legality of homosexual marriage. In many ways the culmination of many years of deeply felt activism on both sides of the issue, this 2015 ruling made same-sex marriage legal in every state. But along with same-sex marriage came the same complications and difficulties of heterosexual marriage, including divorce. While gay and lesbian couples getting divorced in Texas can expect the same-sex divorce process to look mostly the same as their heterosexual peers, here are some important facts to know.

Cohabitation Agreements Are Trumped By Prenuptial Agreements

Same-sex spouses who got married in a state where same-sex marriage was legal before the Obergefell v. Hodges decision may have signed a prenup in their state of marriage and a cohabitation agreement in Texas. Now that same-sex marriage is legal everywhere, the prenuptial agreement a couple signed in another state will take legal precedence over a cohabitation agreement signed in Texas. 

Breakups Do Not Constitute Divorce for Property Issues

Couples who got married in Massachusetts or another state with same-sex marriage before 2015 may have moved to a state without same-sex marriage and ended their relationship without the ability to get divorced. But unless a couple legally gets divorced, new property, income, and other assets will still be considered shared marital assets. If your relationship has been over but you have yet to get divorced, you can expect your accumulating assets to be considered marital. All marital property will need to be divided in your divorce. 

Common-Law Marriage in Texas Can Complicate a Same-Sex Divorce

Texas allows couples who live in Texas, publicly represent themselves as married, and agree to be married to be in a common-law marriage. Common-law marriage is as valid as a formal marriage, but nailing down the exact date of the common-law marriage can be tricky for same-sex couples who lived together and publicly presented themselves as a married couple before same-sex marriage was legal, and then got legally married years later. Determining the date of the marriage is important for property division issues, and this can take some time and evidence. 

Call a Collin County Same-Sex Divorce Lawyer

If you are a same-sex couple looking to get a divorce in Texas, you may want the help of an experienced Collin County same-sex divorce attorney at Pfister Family Law. We can help you understand the nuances of Texas law and will treat your case with the utmost respect and dignity. Call us today at 972-954-6455 to schedule an initial case review and learn more about how we can help you. 

Source: 

https://guides.sll.texas.gov/lgbt-law/same-sex-marriage-divorce 

https://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html