Understanding how Texas Family Law applies to LGBTQ divorces can be confusing, especially with the legal changes over the years. Many couples are unsure if there are separate rules or protections in place for same-sex marriages. Knowing what the law actually says helps clear up common misconceptions and concerns.
In the video, Atty. McKenzie Coe of Turner-Monahan PLLC discusses how Texas law treats LGBTQ divorces, breaking down the Supreme Court’s Obergefell decision and explaining why the same statutes apply equally to same-sex and opposite-sex couples. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Same-Sex Divorce Laws Are the Same as Opposite-Sex Divorce Laws
When it comes to divorce, there are no separate laws that apply differently to LGBTQ couples in Dallas, Fort Worth, or anywhere else in Texas. The Texas Family Code treats same-sex marriages the same way it treats opposite-sex marriages. There is no special section that only applies to same-sex couples.
At Turner Monahan, we understand that many people still wonder if there are any differences or unique rules when it comes to LGBTQ divorces. But the answer is simple: there are not.
What Changed After the Obergefell Case?
The main reason for this is the Supreme Court case Obergefell v. Hodges. This case was a major turning point. It made same-sex marriage legal across the United States. After Obergefell, every state, including Texas, is required to recognize same-sex marriages. That means same-sex couples have the same legal rights as opposite-sex couples when it comes to marriage and divorce.
Explaining the Obergefell v. Hodges Case
Obergefell v. Hodges was a landmark 2015 Supreme Court case that made same-sex marriage legal in all 50 states. The court ruled that denying marriage rights to same-sex couples violated the Constitution. This decision not only allowed same-sex couples to marry but also required every state to treat their marriages the same as opposite-sex marriages, including during divorce.
How Does This Impact Divorce Laws in Texas?
Due to the Obergefell decision, the Texas Family Code is read the exact same way for same-sex couples and opposite-sex couples. There was no need to create a new section of the law just for same-sex marriage. Everything is covered under the same set of rules.
So, when it comes to divorce, same-sex couples go through the same process, face the same requirements, and have the same rights as any other couple. The law does not treat them any differently.
Why the Legal Marriage Date Matters in LGBTQ Divorces
For many LGBTQ couples, the legal marriage date does not reflect the full length of their relationship. Some were together for years before marriage became legal. While the law treats the marriage equally, the official marriage date still matters in court because it sets the timeline for things like divorce requirements and certain legal rights.
This can be frustrating for couples who feel their long-term commitment should carry the same weight as any legally recognized marriage. It is important to know that the court focuses on the legal marriage date, not the relationship history before that.
How Residency Requirements Apply to LGBTQ Divorces
Texas has strict residency rules that apply to everyone, including LGBTQ couples. At least one spouse must have lived in Texas for six months and in the specific county for 90 days before filing for divorce.
For same-sex couples, this can sometimes create confusion, especially if they were married in another state but now live in Texas. It is important to meet these residency requirements, or the court may not hear the case. If you recently moved to Texas, this is one of the first things to check.
What Does the Texas Family Code Say About LGBTQ Divorce?
The Texas Family Code is written to cover all marriages equally. While there are no specific sections for LGBTQ couples, a few key statutes are important to understand during divorce:
Section 6.301: Residency Requirements
This section explains the residency rules required to file for divorce in Texas. It applies equally to LGBTQ couples, making it important to confirm eligibility before filing.
Section 2.401: Proof of Informal Marriage
This section outlines the rules for informal marriage. After same-sex marriage became legal, this section now protects LGBTQ couples who meet the requirements and need a formal divorce.
Section 105.001: Temporary Orders
During a divorce, either spouse can request temporary orders related to property, children, or support. LGBTQ spouses have equal rights to ask the court for these protections while the divorce is ongoing.
Section 153.131: Presumption of Parent as Managing Conservator
This section states that the court presumes a parent should be named the managing conservator of a child unless it is not in the child’s best interest. For LGBTQ couples, this highlights the importance of legal parentage, especially when only one partner is the biological parent.
Consult with an attorney to get clarity on how these Texas Family Code sections could impact your case.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Same-sex couples in Texas face the same legal process as anyone else when it comes to divorce. Still, certain details like common law marriage, residency rules, and legal parentage are important to understand.
If you are thinking about divorce or have questions about your rights, it is always best to consult with a family law attorney who can guide you through the process.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 “What Is The Process Of A High Net Worth Divorce in Fort Worth, Texas?”
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.
