Killeen LGBTQ+ Divorce Lawyer

LGBTQ+ couples enjoy the same legal right to marry in Texas that heterosexual couples do, and they also face the same concerns when it comes to divorce. While there are no special laws applying specifically to LGBTQ+ divorce, there may be unique issues to address, with sharing minor children being a prime example. Let an experienced divorce attorney identify the potential issues in your case.

If you are facing a divorce, protecting your financial and parental rights from the outset is crucial. Turn to an experienced Killeen LGBTQ+ divorce lawyer at Kimbrough Legal, PLLC, for the help you need.

What to Know About Divorce

As a spouse in an LGBTQ+ marriage, you have all the same rights and responsibilities as anyone else. It is essential to understand the basic facts regarding divorce in Texas, which include the following:

• Most divorces are no-fault and therefore based on the grounds of insupportability, which roughly translates to irreconcilable differences
• Most divorces are uncontested, meaning the spouses and their respective divorce attorneys negotiate terms outside of court
• Some divorces are considered contested, when you cannot agree on key resolutions, in which court intervention is necessary
• The state does award divorces that are based on fault, but the process is more challenging and contentious
• Uncontested divorces tend to save time and money and can lead to more effective co-parenting

An LGBTQ+ divorce lawyer in Killeen could address all the requirements and legal issues promptly, so you do not have to manage them on your own.

What Terms Must Be Addressed in a Divorce?

Everyone who goes through a divorce in Texas must resolve the same terms, as applicable. Your attorney could oversee the negotiations and resolution of these issues.

The Just and Right Division of Marital Property

The assets you and your spouse came to own while you were married are considered marital property, also known as community property. Upon divorce, these assets must be divided between you and your spouse in a manner that is considered just and right, not necessarily equal.

Child Custody Arrangements

In Texas, child custody is addressed in terms of conservatorship, or decision-making authority, and possession, or parenting time. Parental rights are of primary concern in every divorce, but they can be far more complicated in a case for an LGBTQ+ couple. If you share minor children with your spouse, the matter of who their biological parent is will play a critical role.

If one of you is your children’s biological parent and the other is their adoptive parent, each of you has the same parental rights that you would if you were both their biological parents. However, if one of you is your children’s biological parent and the other did not officially adopt them, the nonbiological parent could potentially lose all parental rights in a divorce. It is advisable to proceed with caution and seek help from a skilled LGBTQ+ divorce lawyer in Killeen.

Child Support

The State of Texas requires both parents to continue supporting their children financially post-divorce. In an LGBTQ+ divorce, however, the matter of determining parentage and parental rights can also complicate the matter of child support. For example, if the nonbiological parent is not afforded parental rights, they are very unlikely to have a child support obligation.

Spousal Maintenance

Spousal maintenance is reserved for those cases in which the divorce leaves one spouse without the financial means necessary to address their basic needs. If the other spouse is in a position to help, spousal maintenance may be awarded. The fact that the divorce is for an LGBTQ+ couple should have no bearing in relation to spousal maintenance.

Contact an LGBTQ+ Divorce Attorney in Killeen Today

At Kimbrough Legal, PLLC, we are well acquainted with the concerns our valued clients face in LGBTQ+ cases. A Killeen LGBTQ+ divorce lawyer from our firm could help protect your rights throughout the divorce process. To learn more, please reach out today by contacting us online or giving us a call.