Same-sex marriage has been the law of the land since 2015, when the U.S. Supreme Court delivered a landmark ruling in Obergefell v. Hodges, opening the door for all manner of family law rights and recognitions. Regardless, members of the LGBTQ community still find themselves facing discrimination and legal issues, including in matters of conservatorship or child custody.
If you are facing a legal challenge arising from divorce matters, it is important to connect with a trusted Austin LGBTQ divorce lawyer. With experienced professional advocacy to represent your interests, you can secure your future and life after divorce. The Law Office of Jason Wright will ensure your rights are protected as you navigate the divorce process.
Austin LGBTQ couples are entitled to the same rights as heterosexual couples in divorce proceedings. Texas is a “no fault” state when it comes to divorce. An LGBTQ couple can simply file for divorce based on irreconcilable differences between the spouses. Proving fault is only necessary when getting a divorce in Austin if one party is claiming the other is at fault for the dissolution of the marriage. Providing evidence to prove fault is only necessary when filing for divorce on one of the following legal grounds:
Divorces based on the above grounds are known as fault-based divorces. Fault-based divorces typically take longer to resolve than no-fault divorces as they often require the submission of evidence to a court.
Austin LGBTQ couples seeking to file for divorce must meet Texas residency requirements. The spouse filing for divorce must live in the state for six months, and reside in the county they are filing in for 90 days before filing for divorce. There are a few exceptions. For example, individuals who are away due to military service can meet residency requirements to file for divorce in Texas based on other conditions.
Divorce proceedings are complex and involve numerous considerations. An experienced Austin LGBTQ divorce lawyer can guide you toward a resolution during what is likely to be a stressful and emotionally charged time in your life. The Law Office of Jason Wright is dedicated to helping LGBTQ couples in Austin handle all aspects of their divorce, such as property division, spousal support, child support, and conservatorship issues.
LGBTQ divorces in Austin are subject to the same property division laws as heterosexual divorces. When a couple files for divorce, if the parties cannot come to an agreement on how to divide their assets, the court will determine which of their assets and debts are shared and thus subject to division.
Property that is acquired during a marriage is known as community property. Property that each spouse owned or obtained before the marriage is considered separate property and not be split between the couple. Additionally, any inheritances and gifts an individual receives during the marriage are also considered separate property and do not belong to the marital estate. However, any gifts or inheritances acquired during the marriage will almost always require substantial evidence to show that it was in fact a gift or inheritance to that individual.
If an Austin LGBTQ couple has signed a valid prenuptial agreement, the court will honor it during the divorce. Property division will occur according to the specifications in the agreement.
Property division in LGBTQ divorces can be tricky. For example, there may be disputes about what assets are community property and what should be considered separate property. A skilled Austin LGBTQ divorce attorney can work with you to ensure you receive your fair share of the community property.
A partner may be entitled to spousal support if the marriage lasted 10 years or more. Courts examine a wide range of factors when making decisions regarding spousal support in Austin LGBTQ divorces. These include each spouse’s education level, earning capabilities, employment experience, marital contributions as a homemaker, health, emotional well-being and payment of child support.
Another important factor that is considered is the duration of the marriage. Spousal support decisions can quickly get complicated for same-sex partners who lived as a married couple before Texas legalized gay marriage.
An Austin LGBTQ divorce lawyer can advise you on spousal support matters in your divorce. At the Law Office of Jason Wright, we provide divorcing LGBTQ couples with tailored representation based on the facts of their case.
Divorcing LGBTQ couples in Austin requires an extra level of consideration when it comes to child custody matters and parental rights. Child custody cases in all divorces can present challenges as they involve considering the child’s best interests and their relationship with their parents. However, there is an additional level of complexity involved in LGBTQ divorces depending on the legal relationship between the parent and child.
If a spouse is a biological or adoptive parent of a child, they will have the legal standing to file for custody. Texas law acknowledges these types of cases and is open to approving the arrangements parents come up with for child custody and child support.
Because child custody cases can become complicated for LGBTQ couples due to the considerations involved, it is important to retain an experienced Austin LGBTQ divorce lawyer. The Law Office of Jason Wright can help you understand how the law applies to your case as well as how courts arrive at their decisions regarding custody matters.
LGBTQ couples often want to raise children together, and that usually means conceiving non-traditionally or adopting. For many gay or lesbian couples who either seek a sperm donor or a surrogate/egg donor, only one of the two parents ends up being biologically related to the child.
This is not an issue in the least when it comes to loving and providing for a child. But it can cause major problems if the parents ever get divorced or otherwise break up. The non-biological parent can face challenges at times to their rights to the children. This is in part because Texas parentage laws have not been adequately updated to cover different types of cases.
If you are worried about protecting your parental rights, please contact an Austin LGBTQ divorce lawyer. The Law Office of Jason Wright can help you formalize your parent-child relationship through adoption or other official means to avoid a heartbreaking scenario like the one described above.
Divorce is a stressful time in a person’s life. This emotional process can get even more stressful for LGBTQ couples. A skilled lawyer can handle the technical aspects of your case while ensuring your rights are protected during divorce proceedings.
Even though same-sex marriage is legal in Texas, LGBTQ individuals and couples still face many uphill battles, the Austin LGBTQ divorce lawyers at the Law Office of Jason Wright are ready and eager to help. We have experience representing LGBTQ couples across many different areas of family law, from property division to conservatorship matters.
Choosing the right divorce attorney to handle your case is a crucial part of securing your future. Call the Law Office of Jason Wright today to arrange an initial consultation. We look forward to meeting with you and answering your questions.
