(833) 553-4251
(833) 553-4251
Since 2015, same-sex and queer couples in Texas have enjoyed the same legal rights as opposite-sex couples. However, members of the LGBTQ+ community may unfortunately still face some unique challenges in the application of the law.
A San Antonio LGBTQ+ divorce lawyer at Kimbrough Legal, PLLC, could anticipate and mitigate these challenges to help you meet your goals in a divorce and ease the stress of the process. Our divorce attorneys provide compassionate, supportive, and effective legal guidance.
By the time Texas recognized same-sex marriage in 2015, with the Supreme Court marriage equality ruling, many local gay, lesbian, and queer couples had already been married in other jurisdictions or had long-standing, marriage-like relationships. This factor can be significant when it comes to dividing property. The state’s community property law gives both spouses an equal interest in all property acquired during the marriage. However, Texas Family Code § 3.001 allows a spouse to keep certain property separate, including:
The assets a same-sex couple acquired before marriage equality was recognized would be considered separate property under the law, but that may lead to unfair results when trying to come to a just and right division. If this may be an issue in your LGBTQ+ divorce, a San Antonio lawyer could help you negotiate a property settlement that honors the reality of your long-standing relationship. If a judge must divide your property, we could offer persuasive evidence that a just and right division requires recognition of both parties’ roles in the acquisition of pre-marriage assets.
When a same-sex couple adopts a child together or has a baby through assisted reproductive technology, both spouses have full parental rights. Courts decide rights of possession and access based on the children’s best interests. The law generally favors the continued presence and influence of both parents in the children’s lives to the greatest extent possible.
Distressing situations can arise when only one spouse has a biological or adoptive relationship to a child, but the other spouse has developed a parent-like connection with them. That spouse has no legal rights to a continuing relationship with the child after divorce. A compassionate LGBTQ+ divorce attorney in San Antonio could explore second-parent adoption to establish parental rights for the non-parent spouse. When that is not possible, we could seek other creative solutions to preserve the relationship.
Divorce is disorienting, and these feelings can be heightened when you feel that the community at large is unsupportive. Although the law does not discriminate against LGBTQ+ couples, the humans operating the court system may reveal bias. Maintaining a degree of control over the outcome is one way to anchor yourself during a divorce. Negotiating a settlement outside of a court allows you to pursue your priorities and compromise on issues that are of less concern to you without biased interference.
Our San Antonio lawyers experienced in LGBTQ+ divorces have a network of professionals who can assist in negotiating a divorce settlement. Depending on your needs, we could refer you to mediators, education specialists, forensic accountants, family therapists, and others who are committed to a fair resolution of the issues. Keeping the decision-making in your hands insulates your family from unfairness in the court system.
Texas divorce law does not discriminate between LGBTQ+ and opposite-sex couples, but the application of the law can lead to unfairness in some cases. Work with a San Antonio LGBTQ+ divorce lawyer who is committed to achieving a fair outcome and ensuring you have the emotional support you deserve throughout the process. Reach out to speak with a member of our team today.
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