Do you Need a Same-Sex Divorce Attorney?

 Posted on December 15, 2022 in Divorce

The Lone Star State was very conservative compared to other states when it came to recognizing same-sex marriages. But times have changed. In 2015, the Supreme Court ruled to allow same sex marriages in all states and now there are more than 41,000 same-sex married households in Texas. Recognizing same-sex marriage means judges also have to grant same-sex couples a divorce. At The Law Office of Linda Risinger we understand that every divorce is unique and we also understand the special intricacies involved in a same-sex divorce.

Difficult Decisions

Although same-sex divorces can have unique challenges compared to heterosexual divorces, for the most part, they are the same. No matter who you love, if your marriage is broken, you may be thinking about divorce and it is understandable to be scared and worried while having a million questions all at once. A skilled same-sex divorce attorney will be able to guide you through the process of your divorce as you make decisions about these key areas:

• Child custody, visitation, and child support for any children under 18 or still in high school

• Spousal support (alimony)

• Dividing community property and debt

• Filing for restraining orders if necessary

You can file for divorce in Texas if you or your spouse has lived in Texas for six months. One of you also has to have lived in the county in which you want to file for divorce for at least 90 days. Every divorce is different, but in general it takes about 60 days from the day you file for divorce for a court to finalize the divorce. Disagreements with your spouse about the aforementioned issues can make the divorce process take much longer.

What if We Have Children?

Same-sex marriages with children bring special challenges, especially if only one person is biologically related to the child or a formal adoption is not yet registered. While the legalization of same-sex marriages have improved steps relating to child custody, we recommend a divorce attorney, even if it is an amicable divorce, because legalizing parental relationships with children in same-sex marriages can become very complicated. 

Contact a Frisco Same-Sex Divorce Lawyer

At The Law Office of Linda Risinger we focus on helping people get on with their new life after divorce. Although we encourage a collaborative resolution, our Collin County same-sex divorce attorneys are always prepared to go to trial to fight for your interests. Call 972-294-6533 for a free consultation.

Sources:

https://guides.sll.texas.gov/lgbt-law/same-sex-marriage-divorce

https://www.census.gov/library/stories/2021/04/how-people-in-same-sex-couples-compare-to-opposite-sex-couples.html