Round Rock LGBTQ+ Divorce Lawyer

In Texas, LGBTQ+ divorces are legally treated the same as heterosexual divorces, with the same rights and responsibilities for both spouses. However, LGBTQ+ couples may face unique challenges due to the evolving legal landscape and potential complexities related to same-sex relationships and marriages.

Hiring a Round Rock LGBTQ+ divorce lawyer is crucial for navigating the specific legal challenges you may face during divorce. An experienced divorce attorney could ensure fair treatment and address concerns related to property division, child custody, and other sensitive issues.

How Does the Process of Divorce Work?

When it comes to LGBTQ+ couples, there are no differences in the requirements for filing or the grounds for divorce. However, you may face unique challenges in regard to child custody and property division.

To file for divorce in Texas, at least one spouse must be a resident of the state for six months and of the specific county for 90 days. The spouse seeking the divorce (the petitioner) files a petition for divorce with the appropriate Texas court. The other spouse (the respondent) is then formally served with the petition, giving them legal notice of the divorce proceedings.

Types of Divorces

Texas allows for no-fault divorces, meaning neither party needs to prove fault for the breakdown of the marriage, although fault may still be a factor in property division. From here, a divorce could be contested or uncontested. Uncontested divorces, where both spouses agree on all issues, are generally faster and may conclude after the 60-day mandatory waiting period has passed. Contested divorces, where spouses disagree on issues like property division, child custody, or support payments, may take six to 12 months (or more) to resolve. It is highly recommended to seek legal counsel from a Round Rock attorney experienced in LGBTQ+ divorce cases to navigate the complexities of your situation.

Common Issues That Arise in LGBTQ+ Divorces

While LGBTQ+ divorces in Round Rock are viewed as equivalent to heterosexual divorces in the eyes of the law, hurdles arise that warrant assistance from an experienced lawyer. For example, establishing parental rights for both partners in same-sex marriages can pose problems. If parental rights are not established through legal means like adoption or second-parent adoption, the non-biological parent might face difficulties obtaining custody or visitation rights during a divorce.

When separating financially, Texas follows a community property model, where assets acquired during the marriage are generally split equally. For couples who were together for many years before same-sex marriage was legalized in 2015, distinguishing between premarital (separate) property and marital (community) property can be complicated, especially if your finances were intertwined. We could help you understand your rights and legal options at every step.

Eligibility for spousal support in Texas is often challenging for anyone to obtain, regardless of sexual orientation. One spouse must prove they lack sufficient finances to meet their basic needs, demonstrating supportive evidence like the marriage lasted at least 10 years, they are caring for a disabled child, or they have a disability that prevents them from earning sufficient income.

Contact a Round Rock LGBTQ+ Divorce Attorney for Help Today

Divorce is already emotionally challenging. Judges, lawyers, and others involved in the legal process may have limited experience with LGBTQ+ divorce cases, potentially leading to delays, discomfort, or complications. An LGBTQ+-friendly attorney can provide support, guidance, and unwavering representation during this difficult time.

An attorney could help navigate all challenges and ensure your case is treated with the respect it deserves. Let a Round Rock LGBTQ+ divorce lawyer fight to protect your rights and ensure you are treated fairly throughout the divorce process. Call now to request your confidential legal consultation.