Sugar Land LGBT Divorce Lawyer

LGBT Divorce Process

An LGBT couple filing for divorce must follow the same laws and procedures as any other couple. This generally includes meeting the prerequisites for filing in Texas and either settling the divorce or litigating it in court.

Prerequisites for an LGBT Divorce

Texas has several legal and procedural prerequisites for all divorces. Primarily, you or your spouse must be residents of the state and have a valid legal reason for seeking a divorce. An LGBT divorce attorney in Sugar Land can advise you about these and any other requirements.

Texas residence

LGBT couples, like all couples, must meet the Texas residence requirements before they are eligible to file for divorce in the state. You or your spouse must:

• Be a resident of Texas for at least six months before filing your petition, and
• Be a resident of the county where you file your petition for at least 90 days before filing.

If you do not meet the requirements, you’ll likely have to file for divorce in another state. If you are in the military, residence time is calculated a little more liberally.

LGBT divorce grounds

Another prerequisite for all Texas divorces is to have a legal reason or grounds for divorce. The law sets forth the legal grounds for divorce, which include the following:

• Insupportability,
• Adultery,
• Physical or mental cruelty,
• Felony conviction where the convicted spouse is incarcerated for a year or more,
• Abandonment for a year or more,
• Living apart for at least three years, and
• Confinement in a mental hospital for at least three years.

Each of these grounds has specific proof requirements. A Sugar Land LGBT divorce lawyer can further explain these grounds and which may be appropriate for you.

Many people hear about fault and no-fault divorces but do not know the difference between the two. In a fault divorce, one spouse claims that the other did something to cause the breakdown of the marriage. The last six grounds listed above are fault-based grounds for divorce. In a no-fault divorce, however, you claim that your marriage is broken beyond repair, and neither spouse is to blame for its demise. In Texas, insupportability is the no-fault ground for divorce.

LGBT Contested and Uncontested Divorces

Another frequent inquiry for LGBT couples considering divorce is the difference between a contested and uncontested divorce. In an uncontested divorce, the couple typically agrees to the terms of a divorce, thereby avoiding the need for litigation. That means that they agree to things such as:

• The reason for the divorce,
• How to classify separate and community property,
• How to divide the community property,
• Each party’s decision-making ability for shared children,
• A parenting schedule, and
• Whether either party will pay child support or spousal support.

Parties in an uncontested divorce will document their agreement on these issues in a marital settlement agreement. A judge must still review this agreement, but otherwise, the couple’s time in court is minimal.

In a contested divorce, however, the couple disagrees on one or more issues. Couples in a contested divorce often have to attend multiple court dates and other appointments to fight their case. Ultimately, the case will go to trial if they do not resolve their issues. This means a judge must decide on the contested issues based on evidence and the law.

Issues LGBT Couples Face During Divorce

As discussed, LGBT couples generally face the same legal and procedural requirements as any Texas couple seeking a divorce. However, because same-sex marriage and other rights for same-sex couples are a relatively recent phenomenon, LGBT couples may face some unique complications.

Property Issues

One of the issues a same-sex or LGBT couple may encounter in their divorce involves how to divide marital property. Under Texas law, all property acquired during a marriage is generally considered property of the marriage or community property. In a divorce, the court divides the community property between the couple. Property acquired before marriage, or specific property like individual gifts or inheritances, are considered the individual’s separate property and not subject to division.

However, because same-sex marriage is relatively recent, couples may have lived together as spouses before it was legally recognized. During this time, one person may have contributed significantly to the other’s property. Or, perhaps one person worked so the other could go to school, all before getting married. Because a person may have contributed to what’s technically considered separate property before marriage—because marriage was not legal at the time of the contribution—determining separate property and community property can be complicated. This is why you should consult with an attorney familiar with the issues of LGBT couples facing divorce.

Child-Related Issues

Another issue that divorcing LGBT couples might face is child custody. Fortunately, if the couple is married at the time of the child’s birth, the LGBT spouses should have all rights associated with legal parenthood. This includes the right to make decisions for the child, spend time with the child, and seek custody of the child.

However, a complication arises if the couple is not married when the child is born. In this case, one parent may need to legally adopt the child to have the rights of a parent. It’s extremely important to contact an LGBT divorce attorney in Sugar Land to determine how to maintain your relationship with your child after a divorce.

How Can a Sugar Land LGBT Attorney Help?

Divorce is never easy because it involves emotional upheaval and detailed laws and procedures. However, LGBT couples may face additional complications due to the relatively recent legalization of same-sex marriage. LGBT couples need lawyers who are sensitive to their needs and familiar with the law affecting their rights.

Fortunately, the divorce lawyers at the Ramos Law Group, PLLC, know the detailed Texas laws affecting LGBT divorces. Our team focuses exclusively on family law issues, meaning we’ve dedicated our time and resources to knowing all there is to know about Texas family law and procedures. This enables us to give our clients the best possible representation in their divorces. If you need an LGBT divorce attorney, contact us today.