The legalization of same-sex marriage across the United States in 2015 was a historic victory for LGBTQ+ rights, bringing with it the acknowledgment of marriage equality. However, like any marriage, same-sex marriages can sometimes face challenges that may lead to divorce. At GarciaWindsor, based in Dallas, Texas, we specialize in providing compassionate and comprehensive legal services for the LGBTQ+ community. This article explores the specific considerations and steps involved in obtaining a divorce in a same-sex marriage in Texas, aiming to simplify this complex process for our clients.

Understanding the Legal Framework

Grounds for Divorce

Texas is a no-fault divorce state, meaning that a divorce can be granted without the necessity to prove wrongdoing by either spouse. The most common ground for divorce is "insupportability," which acknowledges that the marriage has become unsustainable due to personality conflicts or other reasons that prevent any reasonable expectation of reconciliation. Same-sex couples have the same grounds available for divorce as opposite-sex couples, including cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.

Residency Requirements

To file for divorce in Texas, either you or your spouse must have been a resident of the state for at least six months prior to filing, and a resident of the county where you file for at least the last 90 days. This is applicable to all couples, regardless of gender.

Key Steps in the Divorce Process

Filing the Petition

The process begins with one spouse filing a Petition for Divorce in the appropriate Texas county. This document outlines the basic information about both spouses, any children of the marriage, and the grounds for the divorce.

Service of Process

The spouse who files for divorce must ensure that the other spouse is served with the divorce papers, which provide notice of the filing and the opportunity to respond. In same-sex divorces, as in all divorces, this step is crucial for the legal process to proceed fairly and legally.

Temporary Orders

In many cases, either spouse can request temporary orders from the court while the divorce is being finalized. These orders can address issues such as spousal support, child custody, and the division of property, ensuring that immediate needs are met.

Discovery

The discovery phase allows both spouses to gather pertinent information from each other about assets, debts, and other factors that will affect the final divorce settlement. This phase is particularly important in complex cases where substantial assets or custody issues are involved.

Negotiation and Mediation

Many divorce cases are resolved through negotiation or mediation, where both spouses and their attorneys meet to discuss and resolve issues without going to trial. Mediation can be a less adversarial and more cost-effective approach to achieving a divorce agreement.

Trial If spouses cannot reach an agreement through mediation, the case may go to trial, where a judge will make the final decisions about the division of property, custody of children, and any financial support.

Securing Legal Representation

Divorce is a challenging process, emotionally and legally, and having the right legal representation is crucial, especially in a same-sex divorce where unique legal issues may arise. At GarciaWindsor, our experienced family law attorneys are committed to guiding members of the LGBTQ+ community through the divorce process with empathy and expertise. If you are considering divorce or need advice on any related legal matter, contact us today. Let us help you navigate this difficult time with professionalism and care, ensuring that your rights are protected and your needs are met. Your journey through divorce, while challenging, does not have to be navigated alone.