When it comes to same-sex divorce, some situations may involve legal questions that don’t come up as often in traditional divorces. These cases may require a closer look at marriage history, court recognition, and how past laws treated same-sex relationships. It’s important to understand what unique issues might arise.
In the video, Atty. Tina Campbell and Atty. McKenzie Coe of Turner-Monahan PLLC explains how same-sex divorces are generally treated the same as traditional ones. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Is Division of Assets Different for Same-Sex Couples?
The process for dividing assets is generally the same, regardless of whether the couple is same-sex or opposite-sex. The main factor that might make things slightly different is the date of marriage.
This sometimes comes up in opposite-sex couples, but it is more common with same-sex couples who were together before their marriage was legally recognized. If a couple had been committed to each other before the Obergefell decision, or before their state officially recognized same-sex marriage, there might be a disagreement about what the official start date of the marriage is.
That date is important. It can affect which assets are considered community property and which are not. For example, some couples had a commitment ceremony before they were legally allowed to get married, and later had an official wedding after the law changed.
It is our understanding that following the Obergefell ruling, case law has developed to support the idea that if a couple had a prior commitment ceremony, they may be able to backdate their marriage. This does not come directly from Obergefell itself, but from legal interpretations that came after it.
Still, this is a gray area. It depends on the specific facts of each case. A court may ask for some kind of proof that the commitment ceremony happened. So while the division of assets follows the same legal steps for everyone, this one detail can create a difference for same-sex couples.
At Turner Monahan, we understand how important it is to get this part right. This is something we look at closely in any same-sex divorce case.
How Do Courts Prove a Commitment Ceremony Happened?
Courts may look for documentation or witness testimony to confirm that a couple had a meaningful commitment ceremony before their legal wedding. This could include:
- Photos or videos from the event
- Invitations or programs
- Statements from friends or family
- Joint financial decisions were made around the same time
Judges want to see that the ceremony was serious and intended as a marriage, not just a casual celebration. While not every case will require the same level of proof, showing intent can help support a backdated marriage claim.
How Does a Backdated Marriage Affect Other Legal Matters?
Backdating a marriage may not only affect the division of assets, but it could also impact:
- Spousal maintenance eligibility
- Retirement benefit calculations
- Social Security and insurance coverage history
In some situations, a longer recognized marriage timeline can give one spouse access to more financial or legal benefits. That’s why getting the timeline right is more than just a technical issue.
What If the Other Spouse Disagrees on the Date?
Disagreements about the start date of a marriage are more common when one spouse does not want to backdate the relationship. This could be due to financial concerns or emotional reasons. When this happens, it becomes even more important to have legal help. A family law attorney can help gather evidence and present a clear picture to the court.
What Does the Texas Family Code Say?
The Texas Family Code does not directly address backdating marriages after commitment ceremonies. However, there are several related provisions that can apply when dealing with same-sex divorce:
Section 2.401: Proof of Informal Marriage
This section outlines what is needed to prove an informal or common-law marriage in Texas. If a same-sex couple lived together and agreed to be married before their official ceremony, this could apply.
Section 6.204: Recognition of Marriage
While this section once banned same-sex marriage, it was overturned after Obergefell. Today, all marriages must be treated equally, regardless of gender.
Section 7.001: General Rule of Property Division
Even though this section focuses on community property, it is still affected by the legal length of the marriage. A backdated marriage could change the timeframe for property accumulation.
Section 8.051: Eligibility for Spousal Maintenance
The length of the marriage affects whether one spouse may qualify for spousal support. Providing an earlier start date could help meet the minimum duration required.
These sections show how closely the timeline of a marriage ties into various divorce outcomes. While Texas law now treats all marriages equally, it still relies on specific facts and timelines when applying these laws.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Same-sex divorce can bring up legal issues that need special attention, especially when it comes to the history of the relationship and how it is recognized in court. Getting the right support early on can make a difference. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How Do You Get Medical Information From the Other Parent Who Is Keeping It From You?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
