Houston Same-Sex Marriage Family Law: Divorce in a New Era of Legal Decisions
Same-sex Issues in Family Law?
You have come to the right place for information on same-sex issues in family law.
Obergefell v. Hodges
Obergefell v. Hodges was the landmark case that forever changed the course of family law. After this decision was handed down by the Supreme Court of the United States, same-sex couples could now get married and enjoy all the privileges bestowed to married couples. A United States Supreme Court decision that was decided after Obergefell states that the “differential treatment of same-sex married couples infringes Obergefell’s commitment to provide same-sex couples ‘the constellation of benefits that the States have linked to marriage.” Thus, the Supreme Court has been attempting to reinforce their decision in Obergefell in similar cases.
Same-sex couples can get married
Because same-sex couples could now get married, several avenues opened in the world of family law—divorce of same-sex couples and adoption of children into same-sex family homes. This blog will address divorce of same-sex couples. Stay tuned to our blog for a future article on adoption of children into same-sex family homes.
Divorce – Think of the children
Work on being flexible with the other parent.
The importance of gathering information.
Tip – Filing your original petition
There are several things to gather and consider.
Same-sex couples can get divorced
It seems easy enough, right? You no longer want to be married so, you get a divorce, BUT what is still a murky area in same-sex divorce and especially comes into play for division of the community estate in family law, is when did the marriage actually happen? Does it apply retroactively to when the couple first decided they wanted to be married, such as a common-law marriage, but by virtue of the law not allowing same-sex marriage, they couldn’t get married? OR does it apply to the actual date the couples were married after the Supreme Court decided in Obergefell v. Hodges that same-sex marriages were legal in the entire United States?
Let us just say that there is still no definite answer to this. However, usually when a decision comes down by the Supreme Court of the United States, their new decision, which overturns a previous decision, applies retroactively. However, there is still much active and ongoing litigation in this realm.
Our office has experience handling complex same-sex divorces in which sometimes the spouses have agreed that the date of marriage applies retroactively to the time they decided to be married before Obergefell v. Hodges was decided. However, by law the community estate is not established until the date on the marriage certificate, and it is entirely up to the couple to decide to set the date of the community estate prior to the date they were legally married; retroactive application is not legally required in a same-sex divorce.
Same-sex divorce | Still some unanswered questions
Same-sex divorce presents many issues, such as the retroactive application of the date of marriage, and these issues provide the opportunity to challenge the current state of same-sex family law. No issue will be left without an answer by the attorneys of Ramos Law Group, PLLC. The attorneys at Ramos Law Group, PLLC will fight for you and get you the answers that you are seeking.
If you have questions about same-sex marriage or divorce, please contact the attorneys at Ramos Law Group, PLLC. They will be happy to discuss your case with you and determine what the best course of action for your case is.
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The decision to end my 25-year marriage was not an easy one, but hiring the Ramos Law Group was. From the initial consultation to the execution of the Divorce Decree everyone at the firm displayed the utmost professionalism and I was treated as if I was their only client. My attorney Lindsey, always provided precise legal guidance, was usually one step ahead of the opposing counsel, and had a superb understanding of how things would play out in the court room. Additionally, whenever my case needed a little extra horsepower, Mary provided that "surge" to keep things on track.
"Ms. Ramos and her entire staff worked with professionalism and compassion to guide me through the most difficult time of my life and to an outcome that was best for my family and myself. Ramos Law is incredible and I highly, highly recommend their services."
"I was recommended to see Mary Ramos for my on coming custody case,it was the best thing I could've done honestly.The Ramos law group was quick with emailed responses and telephone calls,informative with ANY questions I had and they also took action with what they thought would work,which it did,I had money troubles and they were still willing to help they sent me with a younger lawyer Lindsey Lewis to help save some money and she was the best!She knew what she was doing and Mary was still on my case to make sure things went smoothly and to catch any details Lindsey and I might have missed.All in all I am a very satisfied client and if I ever needed a family lawyer again I would come back.My case was won as I received primary for my daughter which is exactly what I asked for.If you're willing to listen to what they have to say and follow their guidance they're definitely worth hiring.I thought I wanted sole custody for my daughter and they explained that wasn't in the best interest for her and honestly they were right,they speak to you on a professional level and also a real level of how things are actually going to work and what could happen if you take a certain action.They definitely care about their clients and make their own bond with you,you're not just money in their pockets you turn into family. "
"I received excellent advice and representation from Ms. Lindsey Lewis. She kept me updated at every step of the process, and I never felt as if my case was set aside. I would hire The Ramos Law Group in the future. "
"I started my divorce with a lawyer who was not very responsive. My divorce case was complicated and needed more laborious scrutiny. Since the case was not moving forward I had to switch lawyers. Made the switch to Ramos Law group. Since the very first day Mary and her team have been very efficient and meticulous. Since the case was complicated the team had to go through myriads of pages in discovery. I was pleased with the legal team that helped us handle the paperwork in a very timely manner. All my questions were answered very promptly. The relay of information was easy with their software system. We finally had a law firm that we could trust. My divorce was finalized and I only have Mary and her team to thank for going through a difficult divorce. I would highly recommend the Ramos law group for their help and support for getting my life back on track. "