Same-sex Divorce

Since the June 26, 2015, U.S. Supreme Court ruling on the matter, all states recognize same-sex marriages. That means Texas county clerks and divorce judges are allowed to grant same-sex marriage licenses, perform same-sex marriages, and in turn, grant same-sex divorces.

While an adopted child or stepchild brings unique considerations to any divorce, the basic issues that come into play in a same-sex divorce are the same as for a straight couple seeking a divorce:

  • Property
  • Children
  • Custody Suits

The attorneys at Orsinger, Nelson, Downing & Anderson have many years of experience handling property divisions, property enforcements, and property disputes. Let our same-sex divorce lawyers help you through this tough time, and get you the results you need in court.

Texas laws do not impact parent-child rights and duties. If you are part of a same-sex couple that has minor children, there are procedural rules governing who can seek a court-ordered relationship with the children. Within the law, we call this threshold requirement “standing” to file suit.

A biological or adoptive parent automatically has standing to file a suit affecting the parent-child relationship (SAPCR). A person who has had care, control and possession of a child for at least six months, ending not more than 90 days before the suit is filed, has standing to file a SAPCR. One of these grounds for standing usually applies to persons in a same-sex relationship.

If you are in a same-sex relationship that is ending and you would like to know more about who has what rights and obligations relating to minor children, please do not hesitate to give us a call.