McKinney Same-Sex Divorce Attorney
The divorce process can be complicated when dividing marital property and debt, establishing custody arrangements, and resolving any other aspect of dissolving your marriage. Many decisions will have to be made, all of which can be agonizing and confusing for the parties involved. In same-sex divorces, couples can face additional complexity in these matters, even though the legality of these marriages has been recognized in our state since 2015. Property division, custody, and spousal support are all issues that can be particularly challenging in these cases.
Working with a lawyer who has experience navigating the unique complexities of the divorce process can be incredibly valuable for same-sex couples. At Malcolm Miranda & Associates, you can turn to a family law firm that is prepared and able to help ensure that your same-sex divorce is as fair and equitable as possible for all involved. Our attorney has a track record of resolving thousands of cases in the legal system with honest advice, close client communication, and professional integrity. We are devoted to helping you find the right tailor-made solutions for your divorce so that you can move forward in life with confidence.
Overview of Same-Sex Divorce in Texas
The divorce process is the same for everyone in Texas, whether you are a straight or same-sex couple.
You will need to resolve the following issues before your divorce can be finalized by the court:
- The division of marital property and debt. In Texas, property acquired during the marriage is “community” property and thus subject to an equal division between the parties.
- Child custody and visitation.
- Child support. This is generally paid to by the “noncustodial” parent to the “custodial” parent.
- Spousal support/alimony. This may or may not be awarded in a Texas divorce and must be petitioned for by the spouse seeking it.
Date of Marriage Factor
Property division can be complicated by the issue of the agreed “date of marriage.” Since community property is acquired during the marriage, if there is a disagreement as to when the marriage began, it can be challenging to accurately resolve when the couple began accumulating shared property and assets.
For example, you and your spouse may have had an informal ceremony prior to the year when same-sex marriages became legal in the U.S. You or your spouse may consider that informal ceremony as being the date when your marriage began instead of the date of your legal ceremony in the years that followed the court ruling that legalized same-sex marriage.
These informal “marriages” may be seen as valid because you agreed to be “married,” you lived with one another as married partners, and you presented yourselves to the public as spouses. These are the factors that comprise a common-law marriage that is recognized in Texas. However, it could be argued that the rules applied to common law marriage before 2015 did not apply to same-sex couples and that the date of your formal legal ceremony in 2015 or later is when the marriage really began.
Child Custody Complexities
Child custody becomes complex in same-sex divorces if the child involved is the biological offspring of one of the partners and has not been legally adopted by the other spouse. The non-biological spouse may not be granted parental rights even if he/she played a major role in parenting the child.
Work with an Experienced Texas Family Lawyer
The above and other complications can add unique complexities to your same-sex divorce. Because of this, it is vital that you work with a family law attorney who has kept current with the ongoing changes in Texas law as they are adapted into the legal system. Attorney Miranda understands these challenges and can find creative ways to help you resolve your divorce with optimum results.
For a free consultation to discuss your case, call our firm today at (469) 529-7390 or fill out an online contact form.
Malcolm Miranda was highly recommended to me, and for good reason. I needed a combination of help: defense as I was falsely accused in a CPS a case, and also defense in a hostile divorce case. He had the legal experience to help with the all the layers.- William
This is a fantastic firm, and we are eternally grateful to have the best attorney, Malcolm Miranda.- London C.
Very attentive. Without doubt one of the best!- Adriana M.
They have been there for us through thick and thin. All types of cases. We feel blessed to have them on our side.- Nicole H.