Collin County Same-Sex Divorce Attorney

Lawyer Helping Same-Sex Couples Legally Dissolve Marriages in Prosper, Frisco and McKinney

In 2015, a landmark Supreme Court case made same-sex marriage legal throughout the United States. Because of this ruling, same-sex couples can enjoy all of the rights that are afforded to opposite-sex couples, including the ability to legally dissolve a marriage through divorce. While same-sex spouses will follow many of the same procedures as other couples when getting divorced, there are a variety of issues that can complicate this process. Because of this, it is important to work with an attorney who has a strong understanding of the divorce laws in Texas.

Pfister Family Law provides legal help and representation in a wide variety of different types of divorce and family law cases. Our attorneys have multiple decades of experience, and we believe in advocating aggressively for our clients' interests. During a same-sex divorce, we will work to protect your rights and help you achieve a positive outcome that will allow you to move forward successfully.

Legal Issues to Address in a Same-Sex Divorce

As is true for other divorcing couples, same-sex spouses will need to determine how to divide the marital property they own together. However, determining what is considered marital property can sometimes be difficult, especially in situations where a couple was in a relationship that was functionally equivalent to a marriage before they were able to be legally married.

Texas recognizes common-law marriage, and a couple may be considered to be married if they agreed that they were in a marital relationship, represented themselves as married to others, and lived together within the state of Texas. However, if common-law spouses end their relationship and remain separated for two years, then their marriage is considered void, as if they had never been married.

During the property division process, it will be necessary to establish the date when a couple's marriage began, since assets or debts acquired after this date will be considered community property that must be divided between the spouses. Because of the issue of common-law marriage, spouses may disagree about the dates of their marriage. For example, if a couple had been together since 2010 but was only legally married in 2015, one spouse may believe that community property includes all assets acquired since 2010, while the other may believe that only property acquired after being legally married in 2015 should be divided.

Child custody is another issue that can sometimes complicate same-sex divorce cases. If one spouse is the biological parent of a child, the other spouse may not be considered the child's legal parent, unless they had legally adopted the child. This may leave a parent without parental rights toward the child, or a spouse who was not a legal parent may not be required to pay child support. However, in some cases, a person who had "actual possession, care and control of a child" for at least six months will have the standing to request custody rights toward the child. This means that a same-sex spouse who lived in the same home as a child, provided for the child's daily needs, and acted in a parental role may have the right to share in legal custody of the child and have reasonable visitation time.

Contact Our Prosper, TX LGBTQ+ Divorce Lawyer

If you are in a same-sex marriage, you may need to address a variety of complex issues during the divorce process, or you may need to take steps to protect your rights toward your property or your children. Our attorneys can help you understand the best approach to take in your case, and we will work with you to negotiate a divorce settlement that will meet your needs or pursue divorce litigation when necessary.

Contact us today at 972-954-6455 to set up your initial consultation. We assist with divorce and family law cases in Prosper, Frisco, Dallas, Fort Worth, Collin County, Denton County, Tarrant County, and the surrounding areas. Our team can also travel to meet you anywhere within the state of Texas or provide legal services remotely.