The intersection of LGBTQ+ rights and family law is a rapidly evolving field of legal study. It reflects the societal strides taken towards equality and recognition of diverse identities.
A critical aspect of this discourse is the judicial handling of divorce cases involving LGBTQ+ individuals, a topic that warrants careful examination and understanding.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, discusses how divorce differs for LGBTQ+ couples. All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in the light of Texas Family Law. This content is for educational purposes only.
Examining the Court’s Approach to LGBTQ+ Divorce Cases
In considering LGBTQ+ related cases, numerous instances have arisen primarily involving property disputes. Some cases, however, have also encompassed matters relating to child custody.
Upon analysis, we’ve observed that the court’s approach to handling LGBTQ+ divorce cases does not significantly differ from those involving heterosexual couples.
It appears the judicial system maintains a consistent approach, irrespective of the sexual orientation or gender identity of the parties involved.
The Texas Family Code and LGBTQ+ Divorce Cases
The Texas Family Code does not explicitly differentiate between LGBTQ+ and heterosexual divorces. For instance, according to the Texas Family Code § 6.001, a divorce can be granted “on the petition of either party to a marriage.” This broad language includes all marriages without discrimination based on sexual orientation or gender identity.
Similarly, property disputes are resolved under Texas Family Code § 7.001, which states that the court will order a “just and right” division of the estate of the parties, again without specifying the gender of the parties involved.
The same principle applies to child custody issues, with the court’s primary consideration being the “best interest of the child” under Texas Family Code § 153.002.
In conclusion, handling LGBTQ+ divorce cases in the court system, including within the Texas Family Code, embodies an overarching commitment to impartiality and fairness. Further, it exemplifies the judicial system’s move towards a more inclusive and equitable approach to family law.
Despite the complexity and sensitivity of these issues, it is encouraging to observe the adherence to principles of justice, regardless of the parties’ identities.
Read here about what happens if the custodial parent moves out of the custody region.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Tyler Monahan, with his wealth of experience in family law and deep understanding of the complexities of the legal system, is perfectly positioned to assist with LGBTQ+ cases.
As part of Turner-Monahan, PLLC, a firm renowned for its commitment to fighting for clients’ rights and providing high-quality representation, Tyler brings his expertise to the forefront to ensure every client feels heard, understood, and adequately represented.
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 regarding your case. There is tons of information on divorce and answers to unique questions like “If A Parent Passes Away, By Law, Does The Other Parent Get Custody Of The Child?”
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.
- What Should I Bring With Me For My Initial Consultation With The Law Office Of Turner Monahan PLLC?
- What Is The Difference Between Prenuptial And Postnuptial Agreements?
- What Can I Do To Protect My Credit And Finances? My Ex Won’t Pay The Joint Card Payments?
- How Do You Get Medical Information From The Other Parent Who Is Keeping It From You?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
